HomeMy WebLinkAboutDMF Comment Letter Stone 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 28, 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 Jason Stone to dredge approximately 75 cubic yards of material from Lewis Bay at 183 Bay
Shore Road the Town of Hyannis. The proponent is offering to provide shellfish mitigation funds
to the Shellfish Constable. 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. Quahog were found
within the project site by John Lowell during a shellfish survey conducted on September 5, 2024.
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
2
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:
• A time of year (TOY) restriction should be observed to protect sensitive life stages of
horseshoe crabs and winter flounder from dredging activities. No dredging should take
place from Jan 15th – May 31st of any year to protect sensitive life stages of winter
flounder and no dredging should take place from May 1 – July 31 of any year to protect
sensitive life stages of horseshoe crabs [4].
• 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.
• MA DMF recommends that the proponent consult with the Shellfish Constable about
relocating shellfish prior to dredging activities and about appropriate forms of mitigation.
• 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
Amy Croteau, Barnstable Shellfish Constable
Patrice Bordonaro, CZM
AD/mn/kf
References:
3
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. 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