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Home My WebLink AboutDMF Letter NOI Madden to Barnstable 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 May 12, 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 Stephen Madden to reconstruct and extend an existing permanent pier, gangway, and float within West Bay at 95 Eel River Road in the Town of Osterville. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. West 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]. The project site lies within mapped shellfish habitat for northern quahog (Mercenaria mercenaria) 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. Quahog and softshell clam were observed within and/or adjacent to the project site during a shellfish survey conducted by Megalodon Environmental over a three day shellfish survey spread throughout October 2022 to January 2023. West 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 bio mass 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. MA DMF offers the following comments for your consideration: 2 • A pier extension has the potential to negatively impact nearby shellfish resources and fisheries in a variety of ways [4]. While some of these impacts can be avoided or reduced with best management practices, others are unavoidable and will result in permanent impacts to shellfish habitat and associated fisheries access. Support piles will directly displace shellfish habitat, and piles may cause further indirect impacts that negatively affect bordering shellfish habitat. Leachates from any pressure -treated wood used for support piles or decking may also negatively impact nearby shellfish. Associated boating activity could result in prop dredging if the float is installed in insufficient water depth relative to the size of vessels using the structure. The support piles, float, and adjacent footprints will likely not be accessible to commercial or recreational fisheries. • Grounded floats can disturb bottom sediments, resulting in turbidity and direct impacts to benthic habitat. To minimize impacts, MA DMF recommends that the bottom of a proposed float be at least 2.5 feet above the substrate over marine habitat at MLW [4]. It is not clear if the entire float as proposed would maintain this minimum clearance at MLW. MA DMF recommends installing pile-supported float stops to maintain a 2.5-foot clearance above the substrate at MLW. • 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: Arlene Wilson, A.M Wilson Associates, Inc. John Logan, Kara Falvey, Alicia Hecht, Holly Williams, Matt Camisa, MA DMF Amy Croteau, Barnstable Shellfish Constable Patrice Bordonaro, CZM AD/kf/ah 3 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 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. 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