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Home My WebLink AboutDMF 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