HomeMy WebLinkAboutDMF Letter NOI Barnstable (Popp. Dredging) to 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
May 28, 2024
Mashpee Conservation Commission
16 Great Neck Road North
Mashpee, MA 02649
Dear Commissioners:
The Massachusetts Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent
(NOI) by the Town of Mashpee to conduct maintenance dredging within the approach channel,
inner channel, and the 1916 channel within Popponesset Bay in the Town of Mashpee.
Approximately 7,700 cubic yards of sediment would be removed from the approach channel,
approximately 5,800 cubic yards of sediment would be removed from the inner channel, and
approximately 9,950 cubic yards of sediment would be removed from the 1916 channel using a
hydraulic dredge. The project was reviewed with respect to potential impacts to marine fisheries
resources and habitat.
The dredging footprints are within mapped shellfish habitat for northern quahog (Mercenaria
mercenaria) and bay scallop (Argopecten irradians). The inner channel and 1916 channel abut
an aquaculture lease area (DMF Permit #172488). 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.
Popponesset 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.
Popponesset Bay is a horseshoe crab (Limulus polyphemus) spawning area and the species has
been recorded nesting on Popponesset Beach. Horseshoe crabs deposit their eggs in the upper
2
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 [3].
Continued efforts should be made to protect the species and facilitate further stock improvement.
MA DMF offers the following comments for your consideration:
• While the language in the NOI describes the easternmost area proposed for dredging
being within the “approach channel”, MA DMF considers the area to be within the “inlet
channel”.
• A time-of-year (TOY) restriction should be observed on all in-water, silt-producing
activities to protect sensitive life stages of winter flounder. No in-water, silt-producing
activities should take place from Jan 15 – May 31st of any year [4]. In addition, a time of
year restriction should be observed on all in water, silt producing activities to protect
sensitive life stages of horseshoe crabs. No in-water work should take place from May 1-
June 30 of any year to protect adult horseshoe crabs staging to spawn [4] for a combined
TOY restriction recommendation of Jan 15 – June 30.
• It is unclear where dredged material will be placed. Disposal of dredged material on
beaches could bury and crush spawning adult crabs and nests; eggs in nests buried too
deep may not hatch. No placement should take place from May 1 – July 31 of any year
on the nearby beaches to protect sensitive life stages of horseshoe crabs [4].
• Dredging activity should be performed in coordination with local aquaculture operators
to minimize impacts to these grants.
• MA DMF recommends that the top of the slope be no closer than 25 feet from the MLW
line. Dredging the toe of the slope near the MLW line may result in the slumping of the
intertidal 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:
3
Paul Mancuso, BSC Group, Inc.
John Logan, Malik Neron, Kara Falvey, Michael Blanco, Matt Camisa, MA DMF
Chris Avis, Mashpee Shellfish Constable
Patrice Bordonaro, 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. 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