HomeMy WebLinkAboutDMF LetterThe 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 20, 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 Henry Blair to re-permit maintenance dredging within Millway Marina at 275, 277, and
295 Millway Road in the Town of Barnstable. The applicant is proposing to dredge approximately
1,200 cubic yards with a 1-foot overdredge limit from a 10,400 square foot area. Dredged
material will be dewatered on a barge or on site within the marina parking lot prior to being
disposed of at an off-site upland disposal facility. The project was reviewed with respect to
potential impacts to marine fisheries resources and habitat.
Millway Marina 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 [1]. Given the unknown biomass status of the winter flounder stock,
every effort should be made to protect the species and its spawning habitat.
The project site lies within a horseshoe crab (Limulus polyphemus) spawning area, and the
species has been recorded nesting nearby at 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
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 [2].
Continued efforts should be made to protect the species and facilitate further stock
improvement
MA DMF offers the following comments 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 and horseshoe crabs. No in-water, silt-producing
2
activities such as dredging should take place from February 1st – June 30th of any year
[3]. However, work may take place from February 1st – April 31st if the proposed silt
curtain is installed prior to February 1st.
• 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 dredging footprint, as proposed, does not meet this
recommendation.
• If approved, any activities requiring a barge should be restricted to 2 hours before and
after high tide to prevent barge grounding in marine 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
MA Division of Marine Fisheries
cc:
Paul Mancuso, BSC Group, Inc.
John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, Derek Perry, MA DMF
Amy Croteau, Barnstable Shellfish Constable
Patrice Bordonaro, CZM
Alexa Cacacie, NOAA
AD/kf/ah
References:
1. 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
2. ASMFC. 2024. 2024 Horseshoe Crab Benchmark Stock Assessment Update. Prepared by
the ASMFC Horseshoe Crab Stock Assessment Subcommittee pursuant to NOAA Award
3
No. NA20NMF4740012.
http://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_Apr
il2024.pdf
3. 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