The URL can be used to link to this page

Home My WebLink AboutDMF Letter NOI McParland to ConcomThe Commonwealth of Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400, Boston, MA 02114 p: (617) 626-1520 | f: (617) 626-1509 www.mass.gov/marinefisheries CHARLES D. BAKER KARYN E. POLITO BETHANY A. CARD RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director January 3, 2023 Barnstable Conservation Commission 200 Main St Hyannis MA 02601 Dear Commissioners: The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by Stephen M. and Beth F. McParland from the McParland Family Trust to construct a permanent pile supported 4’x122’ pier with an end platform, stairs, and kayak racks within and over West Bay at 150 Carriage Road in the Town of Barnstable. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site overlies salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-2]. The project site is near mapped shellfish habitat for softshell clam (Mya arenaria) and northern quahog (Mercenaria mercenaria). Waters within the project site have habitat characteristics suitable for this 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 was observed within the project site during a shellfish survey performed by Brad Holmes from Environmental Consulting and Restoration on July 29, 2022. 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). The 2020 Southern New England/Mid Atlantic management track stock assessmen t indicates that although overfishing is not occurring, the stock remains overfished. Spawning stock biomass in 2019 was estimated to be 32% of the biomass target [3]. Given the 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: • A new pier 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 indirec t 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 platform is installed in insufficient water depth relative to the size of vessels using the structure. The support piles, platform, and adjacent footprints will likely not be accessible to commercial or recreational fisheries. While the project site is not a marina, West Bay has experienced high dock proliferation and so the further addition of pile structures continues to add potential habitat for invasives in addition to native fauna [4]. • MA DMF conducted two field studies to assess the relationship between shadin g, marsh growth, and dock design; these studies collectively indicated that a height-to-width (H:W) ratio of 1.5:1 between the lowest hanging horizontal stringer and the salt marsh substrate reduced shading and marsh loss relative to the typically required 1:1 H:W ratio. Current plans do not meet this recommendation. MA DMF recommends establishing a minimum 1.5:1 H:W ratio across the full extent of the marsh [4-6]. • Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in mapped shellfish habitat. • The proposed steps for the end platform would be submerged during high tide. This component of the end platform may accumulate wrack and could be damaged by ice flows during the winter potentially creating marine debris if it is not seasonally removed. • MA DMF recommends that the bottom of a proposed float be at least 2.5 feet (30 inches) above the substrate over mapped shellfish habitat, at MLW [4]. If the platform as proposed does not maintain this minimum clearance at MLW, MA DMF recommends raising the platform to maintain a 2.5-foot clearance above the substrate at MLW. Questions regarding this review may be directed to Amanda Davis in our New Bedford office at Amanda.davis@mass.gov. Sincerely, Amanda Davis Environmental Analyst MA Division of Marine Fisheries cc: Arlene M. Wilson, A.M. Wilson Associates, Inc. John Logan, Emma Gallagher, Terry O’ Neil, Simone Wright, MA DMF Robert Boeri, CZM AD/eg 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. and R.H. Garritt. 1997. “Evidence for spatial variability in estuarine food webs.” Marine Ecology Progress Series 147:31-47. https://doi.org/10.3354/MEPS147031/ 3. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 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 5. Logan, J.M., A. Davis, C. Markos, K.H. Ford. 2018. “Effects of docks on salt marsh vegetation: An evaluation of ecological impacts and the efficacy of current design standards.” Estuaries and Coasts 41:661–675. https://doi.org/10.1007/s12237-017-0323-1 6. Logan, J.M., S. Voss, A. Davis, K.H. Ford. 2018. “An experimental evaluation of dock shading impacts on salt marsh vegetation in a New England estuary.” Estuaries and Coasts 41:13–24. https://doi.org/10.1007/s12237-017-0268-4