The URL can be used to link to this page

Home My WebLink AboutNOI Barbieri Trust 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 January 5, 2024 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 by the Jeanne D. Barbieri Trust to construct a pier, ramp and float within North Bay at 104 Great 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 includes mapped shellfish habitat for northern quahog (Mercenaria mercenaria), bay scallop (Argopecten irradians), 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. A shellfish survey conducted by David Ryan on October 27th and 28th in 2023 found softshell clam and quahog within the project area. 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 abuts salt marsh vegetation. Salt marsh provides a variety of ecosystem services, including habitat and energy sources for many fish and invertebrate species [1-2]. North 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 [3]. 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 [4]. Given the new status of the winter flounder stock, every effort should be made to protect the species and its spawning habitat. The area adjacent to the proposed pier 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 [5-6] 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. Drafted 2016; Updated 2023 2 MA DMF offers the following comment for your consideration: • A new pier has the potential to negatively impact nearby shellfish resources and fisheries in a variety of ways [7]. While some of these impacts can be avoided or reduced with best management practices, others are unavoidable and will result in permanent impacts to shellfish habitat and associated fisheries access. Support piles will directly displace shellfish habitat, and piles may cause further indirect impacts that negatively affect bordering shellfish habitat. Leachates from any pressure treated wood used for support piles or decking may also negatively impact nearby shellfish. Associated boating activity could result in prop dredging if the float is installed in insufficient water depth relative to the size of vessels using the structure. The support piles, float, and adjacent footprints will likely not be accessible to commercial or recreational fisheries. • 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 [5]. It is unclear if the float as proposed would maintain this minimum clearance at MLW; MA DMF recommends extending the float into deeper waters or installing float stops to maintain a 2.5-foot clearance above the substrate at MLW if this minimum depth buffer is not being met at the proposed float location. • Any activities requiring a barge should be restricted to 2 hours before and after high tide to prevent barge grounding in mapped shellfish habitat. • Fuel spills from refueling of construction equipment will adversely impact sensitive resource areas. Impacts to resource areas can be avoided by prohibiting all land-based equipment from being refueled on-site. If equipment is refueled on-site, adequate containment and clean up material should be required to minimize impacts 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: John O’Dea, Sullivan Engineering and Consulting, Inc. John Logan, Matt Camisa, Kara Falvey, Malik Neron, MA DMF Patrice Bordonaro, CZM AD/mn/kf References: 1. Boesch, D.F. and R.E. Turner. 1984. “Dependence of Fishery Species on Salt Marshes: The Role of Food and Refuge.” Estuaries 7(4):460-468. https://doi.org/10.2307/1351627. Drafted 2016; Updated 2023 3 2. Deegan, L.A., J.E. Hughes, and R.A. Rountree. 2000. “Salt marsh ecosystem support of marine transient species.” In: M.P. Weinstein and D.A. Kreeger, eds. Concepts and Controversies in Tidal Marsh Ecology: Kluwer Academic Publisher, The Netherlands. pp. 333-365 3. ASMFC. 2020. Southern New England Mid-Atlantic Winter Flounder 2020 Assessment Update Report. http://www.asmfc.org/uploads/file/6008bd822020_SNE- MA_WinterFlounderAssessmentUpdate.pdf 4. 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 5. Heck, K.L., Jr., T.J.B. Carruthers, C.M. Duarte, A.R. Hughes, G. Kendrick, R.J. Orth, and S.W. Williams. 2008. “Trophic transfers from seagrass meadows subsidize diverse marine and terrestrial consumers.” Ecosystems 11:1198-1210. https://doi.org/10.1007/s10021-008-9155-y 6. 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 7. 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