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HomeMy WebLinkAboutDMF comment 9.14.2026The 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 September 14, 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 Francis O'Brien to reconstruct an existing stone rip-rap revetment within Follins Pond at 85 Merchant Avenue in the Town of Yarmouth. The project narrative notes upland construction access and that the proposed reconstruction will not include any seaward encroachment. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site directly borders salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1,2]. Follins Pond 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) [3]. The project site lies within mapped shellfish habitat for northern quahog (Mercenaria mercenaria), and softshell clam (Mya arenaria). Waters within the project site have habitat characteristics suitable for these 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. Follins Pond 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: • As described in the project narrative, repair of the structure should be within the same footprint as the existing structure or landward. Any expansion of the footprint into tidal 2 waters of the Commonwealth will result in the loss of shellfish habitat and loss of Commonwealth public trust tidelands. • The proposed reconstruction is sited in intertidal habitat abutting salt marsh vegetation and mapped shellfish habitat. Equipment and materials should not be allowed in salt marsh habitat during the construction process. • 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 John Logan at john.logan@mass.gov. Sincerely, John Logan Environmental Analyst MA Division of Marine Fisheries cc: Robert Perry, Cape Cod Engineering, Inc. Amanda Davis, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF Victoria Cotone, Yarmouth Shellfish Constable Patrice Bordonaro, CZM JL/ah References: 1. Deegan LA, Hughes JE, Rountree RA. Salt marsh ecosystem support of marine transient species. In: Weinstein MP, Kreeger DA, editors. Concepts and Controversies in Tidal Marsh Ecology. Kluwer Academic Publisher, The Netherlands; 2000. pp. 333–365. 2. Deegan LA, Garritt RH. Evidence for spatial variability in estuarine food webs. Mar Ecol Prog Ser. 1997;147: 31–47. 3. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis-data- diadromous-fish. 2023.