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