HomeMy WebLinkAboutDMF Letter NOI Pelletier 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
June 25, 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
(NOI) by Anthony Pelletier to demolish, reconstruct, and raise a revetment, jetty, platform, and
walkway within Lewis Bay at 18 Nelberth Terrace the Town of Hyannis. All reconstructed
structures would be built within the same footprint as the existing structures. The project was
reviewed with respect to potential impacts to marine fisheries resources and habitat.
The project site lies within mapped shellfish habitat for bay scallop (Argopecten irradians),
American oyster (Crassostrea virginica), northern quahog (Mercenaria mercenaria), 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.
Lewis 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.
The project site lies within a horseshoe crab (Limulus polyphemus) spawning area and the
species has been recorded nesting nearby at Kalmus 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 deep waters during the day while they wait to spawn on nearby
beaches at night. Eggs hatch approximately two to four weeks later. The 2024 benchmark stock
assessment indicates that the New England horseshoe crab stock status continues to be neutral
[3]. Continued efforts should be made to protect the species and facilitate further stock
improvement
MA DMF offers the following comment for your consideration:
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• A time of year (TOY) restriction should be observed to protect sensitive life stages of
horseshoe crabs from coastal construction activities on potential nesting beaches.
Demolition and construction could bury and crush spawning adult crabs and nests. No in-
water construction should take place from May 1 – July 31 of any year [4].
• Repair of the structure should be within the same footprint as the existing structure. Any
expansion of the footprint into tidal waters of the Commonwealth will result in the loss of
shellfish habitat.
• Construction activity, including staging of construction material and equipment as well as
equipment transit to and from the construction site, should avoid intertidal habitat to the
greatest extent practicable. As much work as possible should be conducted from the
upland portion of the project site to minimize impacts and avoid compaction of sediment
in mapped shellfish habitat. Any work in the intertidal zone should be limited to low tide
such that work is conducted in the “dry”.
• Concrete delivery vehicles should be prohibited from washing down equipment on site.
This activity could potentially wash excess concrete and hydrocarbons into marine
resource areas.
• 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:
Roy Okurowski, WRS Engineering
John Logan, Holly Williams, Matt Camisa, Kara Falvey, Malik Neron,
Derek Perry, MA DMF
Patrice Bordonaro, CZM
AD/mn/kf
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-
3
nefsc.fisheries.noaa.gov/saw/sasi.php
3. ASMFC. 2024. 2024 Horseshoe Crab Benchmark Stock Assessment Update. Prepared by
the ASMFC Horseshoe Crab Stock Assessment Subcommittee pursuant to NOAA Award
No. NA20NMF4740012.
http://www.asmfc.org/uploads/file/663d0fcdHorseshoeCrabStockAssessmentUpdate_Apr
il2024.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