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Home My WebLink AboutDMF Letter NOI Town of Barnstable (10 year 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 March 21, 2025 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 the Town of Barnstable for its 10-Year Comprehensive Dredging & Beach Nourishment Project. The NOI encompasses dredging within 19 navigation channel and basin areas as well as deposition of dredge material at nine nourishment sites. All sites are located within the Town of Barnstable in four separate regions: Barnstable Harbor/Sandy Neck, Centerville Harbor, Three Bays, and Prince Cove. All proposed dredge projects would constitute Maintenance Dredging with the exception of proposed Improvement Dredging north of the Bridge Street Bridge within Three Bays, which seeks to increase the existing channel depth from -6 to -8 feet MLLW and to extend the channel approximately 1,600 feet to the north side of the Bridge Street Bridge at the same -8 foot depth. Proposed dredging would be performed by hydraulic dredging using the Barnstable County Dredge Program or by mechanical dredging through private contractors. The nourishment sites consist of both previously nourished sites as well as proposed new sites (Covell’s Beach, Riley’s Beach, Ropes Beach, Sandy Neck Public Beach expansion, Dead Neck/Dead Neck Extension expansion). The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. All of the proposed dredge and nourishment sites include mapped shellfish habitat. Waters within and bordering the project sites have habitat characteristics suitable for a variety of shellfish species. Several aquaculture grants are also located in close proximity to certain dredge regions. Specifically, grants are located in Cotuit Bay and to the south of the North Bay Channel dredge area. Land containing shellfish is deemed significant to the interest of the Wetlands Protection Act (310 CMR 10.34) and the protection of marine fisheries. Waters bordering several dredge tracks and offshore of some nourishment sites have been previously mapped by the Massachusetts Department of Environmental Protection (MassDEP) as eelgrass (Zostera marina) meadows (Figure 1; Table 1). Eelgrass beds provide one of the most productive habitats for numerous marine species [1-2] and are designated “special aquatic sites” under the Federal Clean Water Act 404(b) (1) guidelines. However, eelgrass distribution has 2 declined statewide in the past decade [3] mirroring global losses due to eutrophication and other anthropogenic impacts [4]. Winter flounder (Pseudopleuronectes americanus) use the four regions targeted for dredging as spawning habitat (Table 1). Proposed dredge sites include spawning habitat for both Gulf of Maine (Barnstable Harbor/Sandy Neck) and Southern New England (Centerville Harbor, Three Bays, and Prince Cove) winter flounder stocks. Winter flounder enter these areas and spawn from January to February 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 Southern New England winter flounder stock was classified as overfished with spawning stock biomass in 2019 estimated to be only 32% of the biomass target [5]. 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 [6]. The Gulf of Maine winter flounder stock biomass status is currently unknown and overfishing is not occurring [7]. Protection of habitat during the spawning period, larval settlement and juvenile development phases continues to be recommended to support recovery of both winter flounder stocks in Massachusetts state waters. Horseshoe crabs (Limulus polyphemus) also use many of the proposed dredge and nourishment sites as spawning and nursery habitat (Table 1). Horseshoe crabs deposit their eggs in the upper intertidal regions of sandy beaches from late spring to early summer during spring high tides. Adult crabs congregate in deep waters during the day while they wait to spawn on nearby beaches at night. Eggs hatch approximately two to four weeks later. The 2024 benchmark stock assessment indicates that the New England horseshoe crab stock status continues to be neutral [8]. Continued efforts should be made to protect the species and facilitate further stock improvement. Several proposed dredge sites also act as migratory, foraging, and/or nursery habitat for diadromous fish species (Table 1) [9]. Alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), and American eel (Anguilla rostrata) all use Cotuit Bay and the Centerville Channel dredge sites. Eels migrate through the entrance and embayment channel dredge areas towards foraging and nursery habitat in the Little River. MA DMF offers the following comments for your consideration: • Time of year (TOY) restrictions are recommended for all of the proposed dredge sites included in this application (Table 1). TOY restrictions are recommended for all dredge projects to protect winter flounder during the spawning period, larval settlement and juvenile development phases. This period is February 1 to June 30 for the Barnstable Harbor region, which is part of the Gulf of Maine winter flounder stock, and January 15 to May 31 for all remaining dredge sites that are part of the Southern New England winter flounder stock [10]. MA DMF is currently engaged in research to better understand winter flounder habitat use of embayments throughout Massachusetts [11]. Results of these studies may affect TOY recommendations over the timescale of this 3 comprehensive permit, but at this time MA DMF continues to recommend the above- listed TOY restrictions for all embayments in the state. Additional dredge TOY restrictions are recommended to protect diadromous fish species during their spring migratory phase for dredge sites in East Bay, the Centerville River, Bumps River, and Cotuit Bay. Diadromous fish TOY restriction periods are March 15 to June 30, April 1 to June 15, and April 1 to June 30 to protect American eel, alewives, and blueback herring, respectively [10]. • Although the applicant refers to and marks a proposed dredging area within East Bay and West Bay as an ‘Entrance Channel’, MA DMF uses different terminology to categorize resource areas that receive a winter flounder TOY recommendation. MA DMF separates the ‘Entrance Channel’ into embayment, inlet, and approach channel [12]. MA DMF recommend TOY restrictions for winter flounder in the embayments and inlets of East Bay and West Bay (Figure 2). • Additional dredging and nourishment TOY restrictions are recommended for a subset of dredging and nourishment sites to protect adult horseshoe crabs as they stage to spawn and nest [10]. The dredging TOY restriction period is from May 1 to June 30 and the nourishment TOY restriction period is from May 1 – July 31 [9]. TOY restrictions associated with nourishment activities relate to any disturbances of nesting habitat, which, in addition to deposition of nourishment material, can include a variety of construction activities like equipment transit and staging. Horseshoe crab TOY restriction recommendations are included in Table 1 to allow the applicant to plan project sequencing as they enter the permitting phase. • Dredging activity should be performed in coordination with the Shellfish Constable and local aquaculture operators to minimize impacts to aquaculture grants. • Eelgrass habitat was not included within the NOI project plans. A minimum buffer of 75 feet is recommended from the top of the dredge slope to the nearest eelgrass vegetation. Since eelgrass beds are ephemeral, changes to eelgrass distribution that have occurred since previous dredging events should be identified prior to all dredging activities. For sites where eelgrass has been mapped in close proximity to the proposed dredge tracks (Table 1), MA DMF recommends that an in-water survey be conducted within the growing season prior to dredging to accurately delineate current eelgrass extent for the purposes of avoiding direct impacts and also maintaining a minimum 75 foot buffer to reduce the lik elihood of indirect impacts (e.g., turbidity, slumping, burial). Surveys should be consistent with methods described in the MA DMF Eelgrass Survey Guidelines [13]. • A minimum 100 foot buffer is recommended between the seaward extent of the nourishment footprint and the nearest landward edge of any bordering eelgrass. Given that nearshore waters off the Dead Neck Beach and Long Beach nourishment sites have previously been mapped as eelgrass habitat, MA DMF also recommends an in -water survey for the waters bordering these nourishment sites be conducted within the growing season prior to nourishment following MA DMF survey guidelines [13]. 4 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: James Hill, Foth Infrastructure and Environment, LLC. John Logan, Kara Falvey, Holly Williams, Matt Camisa, Derek Perry, John Sheppard MA DMF Amy Croteau, Barnstable Shellfish Constable Patrice Bordonaro, CZM References: 1.Jackson EL, Rowden AA, Attrill MJ, Bossey SJ, Jones MB. The importance of seagrass beds as a habitat for fishery species. Oceanography and Marine Biology: An Annual Review. 2001;39: 269–303. 2.Heck KL Jr, Carruthers TJB, Duarte CM, Hughes AR, Kendrick G, Orth RJ, et al. Trophic transfers from seagrass meadows subsidize diverse marine and terrestrial consumers. Ecosystems. 2008;11: 1198–1210. 3.Costello CT, Kenworthy WJ. Twelve-year mapping and change analysis of eelgrass (Zostera marina) areal abundance in Massachusetts (USA) identifies statewide declines. Estuaries and Coasts. 2011;34: 232–242. 4.Orth RJ, Carruthers TJB, Dennison WC, Duarte CM, Fourqurean JW, Heck Jr. KL, et al. A global crisis for seagrass ecosystems. BioScience. 2006;56: 987–996. 5.ASMFC. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf. Accessed November 22, 2021. 2020. 6.ASMFC. Southern New England Mid-Atlantic winter flounder 2022 Management Track Assessment Report. Compiled June 2022. https://apps-nefsc.fisheries.noaa.gov/saw/sasi.php. 2022. 7.ASMFC. Gulf of Maine winter flounder 2022 Management Track Assessment Report. Complied September 2022. https://apps-nefsc.fisheries.noaa.gov/saw/sasi.php. 2022. 8.ASMFC. Atlantic States Marine Fisheries Commission 2024 Horseshoe Crab Stock Assessment Update. https://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_April2 024.pdf. 2024. 5 9. MA DMF. MassGIS Data: Diadromous Fish. https://www.mass.gov/info -details/massgis- data-diadromous-fish. Accessed February 8, 2023. 2023. 10. Evans NT, Ford KH, Chase BC, Sheppard J. 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. Accessed September 29, 2021. 2011. 11. DMF. DMF expands winter flounder research plan. https://www.mass.gov/news/dmf - expands-winter-flounder-research-plan. Accessed August 6, 2024. 2023. 12. Ford K, Feeney E, Evans NT. Summary of Marine Fisheries Resource Recommendations for Municipal Maintenance Hydraulic Dredging Activities on Cape Cod and the Islands. https://www.mass.gov/doc/cape-cod-dredging-recommendations/download. 2012. 13. Evans NT, Leschen AS. Technical guidelines for the delineation, restoration, and monitoring of eelgrass (Zostera marina) in Massachusetts coastal waters. Massachusetts Division of Marine Fisheries Technical Report TR-43. http://www.mass.gov/eea/docs/dfg/dmf/publications/tr-43.pdf. 2010. Figure 1. Eelgrass identified by the Massachusetts Department of Environmental Protection (MassDEP) in previous surveys of the of the project sites from 1995 -Present. 6 Figure 2: The MA DMF delineated areas for the approach channel (green), inlet channel (blue), and embayment (red) within of West Bay (left) and East Bay (right). Diadromous TOYs Horseshoe Crab TOY Alewife 4/1 - 6/15 Dredge 5/1 - 6/30 Blueback 4/1 - 6/30 Nourishment 5/1 - 7/31 Eel 3/15 - 6/30 Barnstable Harbor Outer Entrance Channel D -Yes -Yes 2/1-6/30 - East Bay Entrance Channel (Approach) D ---Yes 5/1 - 6/30 75' East Bay Entrance Channel (Inlet + Embayment)D Yes -Alewife, Blueback, Eel Yes 1/15-6/30 75' Centerville River - Spur Channel D Yes -Alewife, Blueback, Eel Yes 1/15-6/30 - Centerville River - Upper Reach D Yes -Alewife, Blueback, Eel Yes 1/15-6/30 - Centerville River - Lower Reach D Yes -Alewife, Blueback, Eel Yes 1/15-6/30 - Bumps River - Channel D Yes -Alewife, Eel Yes 1/15-6/30 - Cotuit Bay - Entrance Channel D ---Yes 5/1-6/30 75' Cotuit Bay - Embayment Channel D Yes -Eel Yes 1/15-6/30 75' West Bay Outer - Entrance Channel (Approach)D ---Yes 5/1-6/30 75' West Bay Outer - Entrance Channel (Inlet)D Yes --Yes 1/15-6/30 75' West Bay Inner - Entrance Channel (Embayment)D Yes --Yes 1/15-6/30 75' West Bay - Spur Channel D Yes --Yes 1/15-6/30 - North Bay - Narrows Channel D Yes ---1/15 - 5/31 - North Bay - Street Channel D Yes ---1/15 - 5/31 - Seapuit River - Channel D Yes --Yes 1/15-6/30 - Prince Cove - Entrance Channel D Yes ---1/15 - 5/31 75' Prince Cove - Marina Basin & Channel D Yes ---1/15 - 5/31 75' Millway Beach / Blish Point N ---Yes 5/1 - 7/31 - Sandy Neck Public Beach N ------ Long Beach N ---Yes 5/1 - 7/31 100' Craigville Beach N ---Yes 5/1 - 7/31 - Covelle Beach N ---Yes 5/1 - 7/31 - Dead Neck / Dead Neck Extension N ---Yes 5/1 - 7/31 100' Cross St. (Riley’s) Beach N ---Yes 5/1 - 7/31 - Ropes Beach N ---Yes 5/1 - 7/31 - Loop Beach N ---Yes 5/1 - 7/31 - Table 1: Identified marine resources, best management practices, and combined time of year (TOY) restriction recommendation for each dredge (D) and nourishment (N) site within the Barnstable Comprehensive 10 Year Permit. A "-" indicates that the TOY or best management practice is not recommended at this. Project Site Dredge (D) or Nourishment (N) GOM Winter Flounder TOY 2/1 - 6/30 Maintain 75' or 100' Buffer from Eelgrass Combined TOY SNE Winter Flounder TOY 1/15 - 5/31