HomeMy WebLinkAboutDMF Letter NOI Bonnybrook 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
MAURA HEALEY KIMBERLEY DRISCOLL REBECCA TEPPER RONALD S. AMIDON DANIEL J. MCKIERNAN
Governor Lt. Governor Secretary Commissioner Director
March 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
Bonnybrook Realty Trust to extend a dock and relocate a boat lift at 185 Ocean View Avenue
within Cotuit Bay in the Town of Barnstable. The project was reviewed with respect to potential
impacts to marine fisheries resources and habitat.
The project site abuts 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. The project
site is also adjacent to Cotuit Sea Farm (DMF Permit #160502).
Cotuit Bay has been identified by MA DMF as diadromous fish passage, migration, and/or
spawning habitat for alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), and
American eel (Anguilla rostrata).
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).
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 biomass target [1]. 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 [2]. Given the new 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 [3]. 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 coordinated to avoid barge grounding or
operation in intertidal habitat or shallow water (less than 2 feet between motor skeg and
substrate) over mapped shellfish habitat.
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:
John O’Dea, Sullivan Engineering & Consulting, Inc.
John Logan, Emma Gallagher, Maggie Leary, MA DMF
Robert Boeri, CZM
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. 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
3. 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
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