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HomeMy WebLinkAboutDMF Comments 6.12.2026The Commonwealth of Massachusetts Division of Marine Fisheries (617) 626-1520 | mass.gov/MarineFisheries Maura T. Healey Governor Kimberly Driscoll Lt. Governor Rebecca L. Tepper Secretary Thomas K. O’Shea Commissioner Daniel J. McKiernan Director June 12, 2026 Yarmouth Conservation Commission 1146 Route 28 South Yarmouth, MA 02664 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Barry and Judy Lass to reconstruct an existing permitted and licensed bulkhead within Parkers River at 7 Tide Lane in the Town of Yarmouth. The existing 8’ wide deck will be removed for construction and replaced after bulkhead reconstruction. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. Parkers River has been identified by MA DMF as diadromous fish passage, migration, and/or spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), rainbow smelt (Osmerus mordax), American eel (Anguilla rostrata), white perch (Morone americana), Atlantic tomcod (Microgadus tomcod), and American shad (Alosa sapidissima) [1]. The project site abuts mapped shellfish habitat for American oyster (Crassostrea virginica). Waters within the project site have habitat characteristics suitable for this species. Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. Parkers River acts as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter the area and spawn from January through May; demersal eggs hatch approximately 15 to 20 days later. The Atlantic States Marine Fisheries Commission has designated winter flounder spawning habitat as a “Habitat Area of Particular Concern” (HAPC). Every effort should be made to protect the species and its spawning habitat. MA DMF offers the following comments for your consideration: • Repair of the structure should be within the same footprint as the existing structure or landward. The proposed project appears to meet this recommendation. • Construction activity, including staging of construction material and equipment as well as equipment transit to and from the construction site, should avoid intertidal habitat to the greatest extent practicable. As much work as possible should be conducted from the 2 upland portion of the project site to minimize impacts and avoid compaction of sediment in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide such that work is conducted in the “dry”. • Fuel spills from refueling of construction equipment will adversely impact sensitive resource areas. Impacts to resource areas can be avoided by prohibiting all land-based equipment from being refueled on-site. If equipment is refueled on-site, adequate containment and clean-up material should be required to minimize impacts. Questions regarding this review may be directed to Amanda Davis at amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Mark Burgess, Shorefront Consulting John Logan, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF Victora Cotone, Yarmouth Shellfish Constable Patrice Bordonaro, CZM AD/ah References: 1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023.