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HomeMy WebLinkAboutDMF comment letter AOOC (Blish Point) to Barnstable ConComThe 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 October 30, 2023 Barnstable Conservation Commission 367 Main Street Barnstable, MA 02601 Dear Commissioners: The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the request to amend an Order of Conditions from the Town of Barnstable for the Blish Point stabilization project on Millway Beach at 307 and 329 Millway in the Town of Barnstable. The proponent is requesting to update the construction access and maintenance plan to include new limits of work below the high tide line to allow equipment and machinery access. All nourishment will continue to be placed above the high tide line and mean high water. The project was reviewed with respect to potential impacts to marine fisheries resources and habitat. Blish Point includes mapped shellfish habitat for blue mussel (Mytilus edulis), northern quahog (Mercenaria mercenaria), razor clam (Ensis directus), and softshell clam (Mya arenaria). Waters bordering 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. Blish Point lies within a horseshoe crab (Limulus polyphemus) spawning area and the species has been recorded nesting on Blish Point and Millway 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 deeper waters while they wait to spawn on nearby beaches at high tide. 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 [1]. Continued efforts should be made to protect the species and facilitate further stock improvement. MA DMF offers the following comment for your consideration: • Construction activities and disposal of beach fill could bury and crush spawning horseshoe crabs and nests. Eggs in nests buried too deeply may not hatch. To protect sensitive life stages of horseshoe crabs, MA DMF recommends a time-of-year (TOY) restriction on all beach construction activities and beach nourishment from May 1 to July 31 of any year [2]. Drafted 2016; Updated 2023 2 • Beach nourishment equipment (e.g., excavator, delivery/dump truck) should be staged upland of intertidal habitat to minimize impacts and avoid compaction of sediment in mapped shellfish and horseshoe crab nesting habitat. 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: Mitch Buck, Woods Hole Group, Inc. John Logan, Derek Perry, Maggie Leary, Matt Camisa, Kara Falvey, Malik Neron, MA DMF Patrice Bordonaro, CZM AD/mn/kf References: 1. 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 2. 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