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Home My WebLink AboutDMF Letter to ConComThe 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 March 2, 2026 Barnstable Conservation Commission 367 Main Street Hyannis, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Griffin Beaudoin of the Town of Barnstable for the West and North Bay Maintenance Dredging Project. MA DMF attended the MEPA Remote Consultation for this project on March 19, 2025, and provided a comment letter on the project on March 24, 2025. The proposed project includes maintenance dredging and disposal of dredge spoils for two areas omitted from the Town’s 10-Year Comprehensive Dredging & Beach Nourishment Project due to the identification of material unsuitable for beach nourishment at both locations. Mechanical dredging of a total of approximately 37,299 cubic yards of sediment is proposed across a 342,017 square foot area of seafloor for the West and North Bay sites combined. The West Bay inner entrance channel would be dredged to -11.0 feet MLLW, and the North Bay Street channel would be dredged to a depth of -8.0 feet MLLW. Both sites would include an additional one foot of allowable overdredge and maintain 3H:1V side slopes. Due to a high percentage of fines in the dredge material, offshore disposal at the Cape Cod Bay Disposal Site (CCBDS) is proposed for all dredge spoils. The anticipated work window for dredging and disposal identified in the NOI is October 2026 to January 31st 2027. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. Both dredge sites include mapped shellfish habitat for northern quahog (Mercenaria mercenaria) and abut mapped shellfish habitat for bay scallop (Argopecten irradians). The North Bay Street channel abuts mapped habitat for American oyster (Crassostrea virginica) and softshell clam (Mya arenaria). Waters within the project site have habitat characteristics suitable for these species. Aquaculture grants are located throughout North and West Bay and several are located near the proposed dredge footprint (DMF Permit #145360, #149750, and #149673). 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 and West Bay act as winter flounder (Pseudopleuronectes americanus) spawning habitat. Winter flounder enter the area and spawn from January through May; demersal eggs 2 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 [1]. 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 [2]. 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. The project site is located within a horseshoe crab (Limulus polyphemus) spawning area, and the species has been recorded nesting at shorelines within North and West Bay. 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 stock assessment update indicates that the New England horseshoe crab stock status continues to be neutral [3]. Continued efforts should be made to protect the species and facilitate further stock improvement. Cape Cod Bay provides seasonal foraging habitat for the North Atlantic right whale (Eubalaena glacialis). Cape Cod Bay is a designated Critical Habitat Area for right whales. Peak abundance in this region is typically winter to early spring [4]. MA DMF offers the following comments for your consideration: • Time-of-year (TOY) restrictions are recommended for the two dredge sites as well as the offshore disposal site. For the two dredge sites, all in-water silt-producing work should be staged to avoid the TOY restriction period of January 15 to June 30 [4]. This combined TOY period protects winter flounder during the spawning period, larval settlement, and juvenile development phases (January 15 – May 31) as well as adult horseshoe crabs staging in migratory channels prior to spawning (May 1 – June 30). • All activities in Cape Cod Bay related to the disposal of dredge spoils at the Cape Cod Bay Disposal Site are recommended to occur outside of the January 1 to May 15 TOY restriction period to protect right whale feeding aggregations in the critical habitat area in Cape Cod Bay [4]. • Given the identified high percentage of fine materials in the proposed dredge spoils, best management practices are recommended to minimize turbidity impacts to bordering resources, including shellfish habitat and aquaculture grants. Adoption of the most appropriate turbidity containment for these sites (e.g., environmental bucket, silt 3 curtains) should be developed in the permitting process. • All planning and dredging activity should be performed in coordination with the town shellfish constable and local aquaculture operators to minimize impacts to nearby aquaculture grants. 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 & Environment LLC John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF Amy Croteau, Barnstable Shellfish Constable Alexa Cacacie, NOAA David Wong, MA DEP Patrice Bordonaro, CZM AD/kf/ah References: 1. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 2. 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 3. 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 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 4 5. Evans, N.T. and A.S. Leschen. 2010. 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. https://www.mass.gov/doc/eelgrass-survey-guidelines-2010-tr-43-0/download 6. Logan, J.M., A. Boeri, J. Carr, T. Evans, E.M. Feeney, K. Frew, F. Schenck, and K.H. Ford. 2022. A review of habitat impacts from residential docks and recommended Best Management Practices with an emphasis on the northeastern United States. Estuaries Coasts 45: 1189–1216. https://www.mass.gov/doc/dock-bmp- recommendations/download