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Home My WebLink AboutDMF Letter Barnstable (Cotuit Dredging) to Barnstable ConCom 6-22-23The Commonwealth of Massachusetts Division of Marine Fisheries (617) 626-1520 | www.mass.gov/marinefisheries MAURA T. HEALEY KIMBERLEY DRISCOLL REBECCA L. TEPPER THOMAS K. O’SHEA DANIEL J. MCKIERNAN Governor Lt. Governor Secretary Commissioner Director SOUTH COAST FIELD STATION CAT COVE MARINE LABORATORY NORTH SHORE FIELD STATION 836 S. Rodney French Blvd 92 Fort Avenue 30 Emerson Avenue New Bedford, MA 02744 Salem, MA 01970 Gloucester, MA 01930 June 20, 2023 Barnstable Conservation Commission 367 Main Street Barnstable, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent (NOI) by the Town of Barnstable to dredge the existing 8’ deep Cotuit Entrance Channel, the 10’ deep Cotuit Embayment Channel, and use the dredged sediment to nourish Dead Neck Beach in the Town of Barnstable. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. The embayment channel includes mapped shellfish habitat for bay scallop (Argopecten irradians), northern quahog (Mercenaria mercenaria), razor clam (Ensis directus), sea scallop (Placopecten magellanicus), 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 area abutting the proposed dredging footprint for the entrance channel contains two aquaculture permit sites by Cotuit Sea Farm (DMF Permit #160502). Cotuit Bay has been identified by MA DMF as diadromous fish passage and migration habitat for American eel (Anguilla rostrata) [1]. The area abutting the proposed dredging footprint for the entrance channel has been mapped by the Massachusetts Department of Environmental Protection (MassDEP) as an eelgrass (Zostera marina) meadow. Eelgrass beds provide one of the most productive habitats for numerous marine species [2-3] and are designated “special aquatic sites” under the Federal Clean Water Act 404(b) (1) guidelines. Every effort should be made to avoid impacts to eelgrass. 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 [4]. Spawning Drafted 2016; Updated 2023 2 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 [5]. Given the new status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. The dredging and nourishment site lies within a horseshoe crab (Limulus polyphemus) spawning area and the species has been recorded nesting on nearby Pirate Cove. 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 [6]. Continued efforts should be made to protect the species and facilitate further stock improvement. MA DMF offers the following comment for your consideration: • A time-of-year (TOY) restriction should be observed on all in-water activities to protect sensitive life stages of winter flounder. No in-water, silt-producing activities should take place from Jan 15th – May 31st of any year [7]. Dredging activities could also impact horseshoe crabs migrating into Cotuit Bay to spawn. To protect sensitive life stages of horseshoe crabs, MA DMF recommends a time-of-year (TOY) restriction on dredging activities from May 1 to June 30 of any year [7]. The full TOY restriction period on dredging activities would be from January 15th – June 30th of any year. • The proposed dredging footprint should not lie within 75 feet of any eelgrass. Given that eelgrass has been mapped in close proximity to the proposed dredge tracks, MA DMF recommends that an in-water survey be conducted within the growing season prior to dredging to accurately delineate current eelgrass extent for the purposes of avoiding direct impacts and also maintaining a minimum 75 foot buffer to reduce the likelihood of indirect impacts (e.g., turbidity, slumping, burial). Surveys should be consistent with methods described in the MA DMF Eelgrass Survey Guidelines [8]. • Dredging activity should be performed in coordination with local aquaculture operators to minimize impacts to these grants. 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: Jimmy Hill, Foth Infrastructure John Logan, Emma Gallagher, John Sheppard, Derek Perry, Maggie Leary, MA DMF Robert Boeri, CZM Drafted 2016; Updated 2023 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. Jackson E.L., A.A. Rowden, M.J. Attrill, S.J. Bossey, and M.B. Jones. 2001. “The importance of seagrass beds as a habitat for fishery species.” Oceanography and Marine Biology: An Annual Review 39:269-303. https://www.academia.edu/2050183/The_importance_of_seagrass_beds_as_a_habitat_for _fishery_species 3. Duarte, C.M., J.W. Fourqurean, D. Krause-Jensen, and B. Olesen. 2006. “Dynamics of seagrass stability and change.” In Seagrasses, biology, ecology and conservation, ed. W.D. Larkum, R.J. Orth, and C.M. Duarte, 271–294. The Netherlands: Springer. 4. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 5. 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 6. 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 7. Evans, N.T., K.H. Ford, B.C. Chase, and J. Sheppard. 2011. Recommended Time of Year Restrictions (TOYs) for Coastal Alteration Projects to Protect Marine Fisheries Resources in Massachusetts. Massachusetts Division of Marine Fisheries Technical Report, TR-47. https://www.mass.gov/doc/time-of-year-recommendations-tr- 47/download 8. Evans NT, Leschen AS. Technical guidelines for the delineation, restoration, and monitoring of eelgrass (Zostera marina) in Massachusetts coastal waters. Massachusetts Division of Marine Fisheries Technical Report TR-43. http://www.mass.gov/eea/docs/dfg/dmf/publications/tr-43.pdf. 2010