N. Tay Evans Marine Fisheries Biologist & Technical Review Coordinator

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Massachusetts Division of Marine Fisheries Marine Fisheries Resource Recommendations: Time-of-Year Restrictions N. Tay Evans Marine Fisheries Biologist & Technical Review Coordinator

Massachusetts Division of Marine Fisheries 322 CMR and MGL Chapter 130: Manage the living marine resources (fish, shellfish and habitat) of the Commonwealth Regulate recreational and commercial harvest in state waters Conduct scientific work on fisheries and habitats in Massachusetts (monitoring, research, restoration). Develop fisheries related policy (artifical reefs policy, MPA policy, seagrass policy) Review coastal alteration projects providing technical assistance to avoid, minimize and mitigate impacts to marine fisheries and habitats

Fisheries Resource Concerns Endangered Species Salmon Sturgeon Managed Species River Herring, Shad, Eels & Rainbow Smelt Atlantic Cod Winter flounder Lobster Horseshoe crabs Shellfish Habitat Seagrass Saltmarsh Mudflat Rocky intertidal Cobble bottom

Winter Flounder (Pseudopleuronectes Pseudopleuronectes americanus) Habitat: Estuaries, embayments and coastal waters. Eggs and juveniles are found on sand, siltysand, mud, and gravel Spawning period: January to June Populations on the south side of the Cape among the lowest levels seen in 30 years (DMF seine survey) 3 of the last 6 years were the lowest on record in Massachusetts (DMF seine survey).

Physical and Biological Impacts of Dredging Project action Physical removal of habitat via dredging Sedimentation/ turbidity Change in bathymetry, water flow and sediment transport Introduction of pollutants Physical and Biological impact Physical harm or death loss of shelter and forage food Loss of spawning habitat Hypoxia Burial Entrainment of larvae Toxic effects of pollutants Impediment to passage

Time-of of-year Restrictions TOY restriction/ environmental windows: date ranges when inwater, silt producing work should be avoided to minimize impacts to marine fishes. TOYs based on life history data, average temperatures, resource surveys, harvest data, scientific literature, local knowledge, historical record TOYs protect the critical life history stage most vulnerable to the project impact

Potential Restricted Times for Dredging J F M A M J J A S O N D Winter flounder Horseshoe Crabs Feb 15 to June 30 Feb 1 to June 30 Jan 15 to May 31 May 1 to June 30 Diadromous Shellfish May1 to July 15 Shad April1 to June 30 River Herring Feb 15 to May 31 Smelt June 15 to Sept 15

History of Time-of of-year Restrictions Fishing regulations to protect ripe and spawning winter flounder Mobile Gear Regulated areas 1960 s Mobile gear prohibited in embayments (including Buzzards Bay) 1985 - Mobile gear (including scallop dredges) prohibited inshore of the spawning closure line to protect spawning aggregations from February 1 to May 31 Recreational fishery closures for south and east of Cape Cod.

History of Time-of of-year Restrictions TOY restrictions to protect winter flounder from impacts of coastal alteration projects - Dredging 1970 s and 1980 s - Fishery biologist s BPJ, case by case review, based on survey results, historical record, and published literature 1996 - Formalized TOY recommendations in a memo from DMF s Assistant Director to DEP Leigh Bridges memo Winter Flounder New England spawning and larval development Jan - June Boston Harbor* Feb 15 - June 15 North of Cape Cod Feb 1 - May 30 South of Cape Cod Jan 15 - May 30 * Inner Harbor/Mystic/Chelsea Crk Feb 15 June 30 (juvenile development)

History of Time-of of-year Restrictions 2005 internal review/ update of TOY recommendations Winter Flounder New England spawning and larval development Jan - June Boston Harbor* Feb 15 - June 30 North of Cape Cod Feb 1 - June 30 South of Cape Cod Jan 15 - May 31 * Inner Harbor/Mystic/Chelsea Crk Feb 15 June 30 (juvenile development) Consistent with NMFS Based on best available information 2009 Technical Report

TOYs in Other States RI dredge rule October 1 to January 31 (considers WF, diadromous and shellfish) NH dredge rule November 15 to March 15 (considers WF, diadromous and shellfish) ASMFC Winter Flounder Interstate Fishery Management Plan January 15 to May 15 Winter flounder TOY Massachusetts does not have a dredge rule and conducts case by case assessments of projects and resources to determine when, where and why a TOY is needed. Winter Flounder North Shore WF TOY - Feb 1 to June 30 South Shore WF TOY - Jan 15 to May 31

Marine Fisheries data/ lit. review? Spawning period/ migration Spawning habitat Most critical life stage? TOY recommendations Peer reviewed Primary literature: Manfredi and Oliveira 2008; Witherell and Burnett 1993; Howe et al. 1976 Reference docs: Collette, B. B., G. Klein-MacPhee. 2002. Bigelow and Schroeder's Fishes of the Gulf of Maine Mass DMF trawl survey, smelt monitoring program, biologists BPJ Technical reports: NOAA Technical Reports ( Seasonal distributions of larval flatfishes; NOAA EFH source document 1999) ASMFC Fishery management reports DMF Technical reports (tagging studies, DMF resource assessment trawl survey; smelt spawning habitat report; power plant entrainment reports) R/V Gloria Michelle

? Information gaps? Physical impact of dredging on the ecosystem and the resulting effects on life stages of marine fish Differing sensitivities of life stages to varying conditions of temp., salinity, oxygen, turbidity etc. Assessment of the effectiveness of minimization techniques (silt curtains, project sequencing, Different dredging methods, blasting BMPs)

Adaptive Management The TOY should match the project impact: the case for case-by-case Scale and methods Site hydrodynamics and sediment characteristics Working with towns and other state agencies to develop embayment-specific zones for TOYs (e.g. sequencing) on the Cape. An embayment specific TOY zoning plan could be done where sufficient information is available Pamet Inlet, Cape Cod

Time of Year Review and Technical Report Initially based on fishery closure regulations ---- surveys, harvest data, local knowledge, historical record Technical Report: Life history tables, references and TOY recommendations Policy document: What, When Where, How and Why? Case by base and biologists BPJ Last updates informal 1996, 2005 DMF Technical Report 2009 Time-of-year Restrictions

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