HomeMy WebLinkAboutDMF letter Oyster Harbors Yacht (North Bay Dredging)) to ConComThe Commonwealth of Massachusetts
Division of Marine Fisheries
(617) 626-1520 | www.mass.gov/marinefisheries
MAURA T. HEALEY KIMBERLEY DRISCOLL REBECCA L. TEPPER THOMAS K. O’SHEA DANIEL J. MCKIERNAN
Governor Lt. Governor Secretary Commissioner Director
SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION
836 S. Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue
New Bedford, MA 02744 Salem, MA 01970 Gloucester, MA 01930
November 24, 2024
Barnstable Conservation Commission
367 Main Street
Barnstable, MA 02601
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent
by Oyster Harbors Yacht Basin Realty Corporation to conduct maintenance dredging activities
within North Bay at 122 and 182 Bridge Street in the Town of Barnstable. Approximately 16,000
square feet of material would be dredged from the eastern portion of the marina and 53,000
square feet of material would be dredged from the western portion of the marina. Dredging
would be performed from a crane or excavator staged on a barge. Material will be offloaded and
dewatered in the parking area and brought to a suitable upland location. The project was
reviewed with respect to potential impacts to marine fisheries resources and habitat.
The project site lies within mapped shellfish habitat for soft shell clam (Mya arenaria) and
quahog (Mercenaria mercenaria). 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.
North Bay has been identified by MA DMF as diadromous fish passage, migration, and/or
spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis),
American eel (Anguilla rostrata), and white perch (Morone americana) [1].
North Bay 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).
In the previous stock assessment, the winter flounder stock was classified as overfished with
spawning stock biomass in 2019 estimated to be only 32% of the biomass target [2]. Spawning
stock biomass in 2021 was estimated to be 101% of the biomass target based on a new
recruitment stanza focusing only on the past twenty years [3]. Given the new status of the winter
flounder stock, every effort should be made to protect the species and its spawning habitat.
2
MA DMF offers the following comment for your consideration:
• A time-of-year (TOY) restriction should be observed on all in-water, silt-producing
activities to protect sensitive life stages of winter flounder and the above listed
diadromous species [4]. No dredging or in-water, silt-producing activities should take
place from January 15th – June 30th of any year.
• The proponent should consult with the Barnstable Shellfish Constable about relocating
shellfish within and near the proposed dredging footprint.
• MA DMF recommends that the top of the slope be no closer than 25 feet from the MLW
line. Dredging the toe of the slope near the MLW line may result in the slumping of the
intertidal habitat. The proposed plans do not meet this recommendation.
• Any activities requiring a barge should be restricted to 2 hours before and after high tide
to prevent barge grounding in mapped shellfish habitat.
• Fuel spills from refueling of construction equipment will adversely impact sensitive
resource areas. Impacts to resource areas can be avoided by requiring all land based
equipment not be 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:
John O’Dea, Sullivan Engineering & Consulting, Inc.
John Logan, Kara Falvey, Malik Neron, Holly Williams, Matt Camisa, MA DMF
Amy Croteau, Barnstable Shellfish Constable
Patrice Bordonaro, CZM
References:
1. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info-details/massgis-
data-diadromous-fish. Accessed February 8, 2023. 2023.
2. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment
Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE-
MA_WinterFlounderAssessmentUpdate.pdf
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3. ASMFC. 2022. Southern New England Mid-Atlantic Winter Flounder 2022 Management
Track Assessment Report. Compiled June 2022. https://apps-
nefsc.fisheries.noaa.gov/saw/sasi.php
4. Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 2011. Recommended Time of Year
Restrictions (TOYs) for Coastal Alteration Projects to Protect Marine Fisheries
Resources in Massachusetts. Massachusetts Division of Marine Fisheries Technical
Report, TR-47. https://www.mass.gov/doc/time-of-year-recommendations-tr-
47/download