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Home My WebLink AboutDMF Letter NOI Barnstable (Entrance and Blish) 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 July 21, 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 (NOI) by Griffin Beaudoin from the Town of Barnstable to conduct maintenance dredging activities within the Barnstable Harbor Entrance Channel and the Blish Point Boat Ramp Access Channel at 307 Millway Road in the Town of Barnstable. Mechanical or hydraulic dredging will be conducted to a depth of –6.0 MLLW with a 1-foot allowance at both locations. Dredged material will be disposed either offshore or at a suitable upland disposal site. The volume of dredged material is an estimated ±1,837 cubic yards (CY) within the entrance channel and approximately ±506 cubic yards (CY) at the boat ramp access channel. These estimates include the 1-foot allowable over depth allowance. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The entrance channel abuts mapped shellfish habitat for northern quahog (Mercenaria mercenaria), razor clam (Ensis directus), 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. The project site abuts salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-2]. Barnstable Harbor acts as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter the area and spawn from 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 latest stock assessment, the Gulf of Maine winter flounder biomass status is unknown and overfishing is not occurring [3]. Given the unknown biomass status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. Barnstable Harbor lies within a horseshoe crab (Limulus polyphemus) spawning area and the species has been recorded nesting on Blish Point. 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 2 beaches at night. Eggs hatch approximately two to four weeks later. The 2019 benchmark stock assessment indicates that the New England horseshoe crab stock status has shifted from poor to neutral [4]. Continued efforts should be made to protect the species and facilitate further stock improvement. MA DMF offers the following comment for your consideration: • A time-of-year (TOY) restriction should be observed on all in-water activities to protect sensitive life stages of winter flounder. No in-water, silt-producing activities should take place from February 1st – June 30th of any year [5]. Dredging activities could also impact horseshoe crabs migrating into Barnstable Harbor to spawn. To protect sensitive life stages of horseshoe crabs, MA DMF recommends a time-of-year (TOY) restriction on dredging activities from May 1st - June 30th of any year [5]. The full recommended TOY restriction period on dredging activities would be from February 1 – June 30th of any year. • While the applicant describes the dredging footprint being located within the “Mid- Entrance Channel”, MA DMF considers the entire proposed dredging footprint as embayment (Figure 1). At this time, MA DMF will not offer a winter flounder TOY restriction waiver for any dredging that takes place within areas considered an embayment [6]. • While the applicant states that the dredged material will likely not be suitable for reuse, past NOI applications for maintenance dredging at these sites have proposed reusing material. If material is suitable for reuse, then MA DMF will recommend a TOY restriction for disposing material on beaches as nourishment from May 1st - July 31st to protect spawning horseshoe crabs and nesting areas. • MA DMF recommends the top of the dredge slope maintain a buffer of at least 25 feet from any bordering salt marsh to reduce the risk of slumping and erosion impacts to this resource. • 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. • Any activities requiring a barge should be coordinated to avoid barge grounding or operation in intertidal habitat or shallow water (less than 2 feet between motor skeg and substrate) over mapped shellfish habitat. • 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 3 MA Division of Marine Fisheries cc: Jimmy Hill, Foth Infrastructure Griffin Beaudoin, Town of Barnstable Amy Croteau, Barnstable Shellfish Constable John Logan, Emma Gallagher, Kara Falvey, Derek Perry, MA DMF Patrice Bordonaro, CZM Priscilla Geigis, MA Department of Conservation and Recreation References: 1. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627. 2. Deegan, L.A., J.E. Hughes, and R.A. Rountree. 2000. “Salt marsh ecosystem support of marine transient species.” In: M.P. Weinstein and D.A. Kreeger, eds. Concepts and Controversies in Tidal Marsh Ecology: Kluwer Academic Publisher, The Netherlands. pp. 333-365 3. ASMFC. 2022. Gulf of Maine Winter Flounder 2022 Management Track Assessment Report. Compiled June 2022. http://www.asmfc.org/uploads/file/63d6c2b92022_FLW_GM_RPT_Report_2022_09_01 .pdf 4. ASMFC. 2024. 2024 Horseshoe Crab Benchmark Stock Assessment Update. Prepared by the ASMFC Horseshoe Crab Stock Assessment Subcommittee pursuant to NOAA Award No. NA20NMF4740012. http://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_Apr il2024.pdf 5. 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 6. Ford, K., E. Feeney, and N.T. Evans. 2012. 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