DMF Letter NOI Ganey to ConcomThe Commonwealth of Massachusetts
Division of Marine Fisheries
251 Causeway Street, Suite 400, Boston, MA 02114
p: (617) 626-1520 | f: (617) 626-1509
www.mass.gov/marinefisheries
CHARLES D. BAKER KARYN E. POLITO BETHANY A. CARD RONALD S. AMIDON DANIEL J. MCKIERNAN
Governor Lt. Governor Secretary Commissioner Director
November 21, 2022
Barnstable Conservation Commission,
200 Main Street
Hyannis, MA 02601
Dear Commissioners,
The Division of Marine Fisheries (MA DMF) has reviewed the Notice of Intent application by
John and Elizabeth Ganey to replace a pier and float within Bumps River at 251 Bay Lane in the
Town of Barnstable. The project was reviewed with respect to potential impacts to marine
fisheries resources and habitat.
The project site overlies salt marsh vegetation. Salt marsh provides a variety of ecosystem
services, including habitat and energy sources for many fish and invertebrate species [1-2].
The project site lies within mapped shellfish habitat for northern quahog (Mercenaria
mercenaria), American oyster (Crassostrea virginica), 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. Northern quahog, American oyster, and
ribbed mussels (Geukensia demissa) were present during a shellfish survey conducted on
October 9, 2022, by David Ryan.
The Bumps River has been identified by MA DMF as diadromous fish passage, migration,
and/or spawning habitat for alewife (Alosa pseudoharengus) and American eel (Anguilla
rostrata).
The Bumps River also 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).
The 2020 Southern New England/Mid Atlantic management track stock assessment indicates
that although overfishing is not occurring, the stock remains overfished. Spawning stock biomass
in 2019 was estimated to be 32% of the biomass target [3]. Given the status of the winter
flounder stock, every effort should be made to protect the species and its spawning habitat.
MA DMF offers the following comments for your consideration:
• 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 [4]. The float as proposed does not maintain this minimum clearance at
MLW; MA DMF recommends installing float stops to maintain a 2.5-foot clearance
above the substrate at MLW.
• Any activities requiring a barge should be coordinated to avoid barge grounding or
operation in shallow water (less than 2 feet between motor skeg and substrate) over
mapped shellfish habitat.
• MA DMF recommends that all staging and storage of construction equipment and
material be located on the upland side of the project site.
• 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 in our New Bedford office 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, Emma Gallagher, Terry O’Neil, Simone Wright, MA DMF
Robert Boeri, CZM
AD/eg
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
2. Deegan, L.A. and R.H. Garritt. 1997. “Evidence for spatial variability in estuarine food
webs.” Marine Ecology Progress Series 147:31-47. https://doi.org/10.3354/MEPS147031
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. 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