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HomeMy WebLinkAboutDMF Letter Martin to Concom 1-9-23The 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 MAURA HEALEY KIMBERLEY DRISCOLL REBECCA TEPPER RONALD S. AMIDON DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director January 6, 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 Shawn D. Martin of 310 North Bay Road Realty Trust to convert a post supported pier into a pile supported pier within the same footprint within Cotuit Bay at 310 North Bay Road in the Town of Barnstable. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The project site is located within mapped shellfish habitat for softshell clam (Mya arenaria) and northern quahog (Mercenaria mercenaria). 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 also abuts the Cotuit Oyster Company aquaculture site (DMF Permit #157820). Cotuit 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 assessment 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 [1]. Given the 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 on nearby Ropes beach. 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 2019 benchmark stock assessment indicates that the New England horseshoe crab stock status has shifted from poor to 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: • Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in mapped shellfish habitat. • 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 (30 inches) above the substrate over mapped shellfish habitat, at MLW [3]. It is unclear if the float as proposed would maintain this minimum clearance at MLW. MA DMF recommends installing float stops 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 John Logan, Emma Gallagher, MA DMF Robert Boeri, CZM AD/eg 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. 2019. 2019 Horseshoe Crab Benchmark Stock Assessment and Peer Review Report. Prepared by the ASMFC Horseshoe Crab Stock Assessment Review Panel pursuant to NOAA Award No. NA15NMF4740069. http://www.asmfc.org/uploads/file/5cd5d6f1HSCAssessment_PeerReviewReport_May20 19.pdf 3. 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