Harwich Shellfish & Marine Water Quality Committee

Davidson & McKevitt Oyster Creek
The Davidson and McKevitt soft solution towards a revetment along their property's at Oystrer Creek at Allen Harbor is now complete. Members should take time to view the work and report for discussion at the next meeting. Curlex mat has been laid out on the new slopes holding native grasses including a variety of rough fescue, switch grass and wild rye with clover to fix nitrogen including American beach grass. This was applied by hydroseeding. Additional planting of shrubs species will follow according to conscom modifications. TEL

Joint Conservation & SMWQC Meeting
Conservation Agent Jane Harris has advised us that the ConsCom has set aside an hour for discussion on the Dock & Pier float issues that Charlie and the SMWQC talked about at the last meeting. This joint meeting will be June 15th at 8:15 PM and all are urged to attend. We should scope out any proposals at the next meeting June 7th in preparation.

Next Meeting
Paul Donovan moved that the committee meet again on June 7th at 3:00 PM at the Harwich Town Offices.

Members Present
Paul Donovan (chairman), Charles Beggs, Thomas Leach (acting secretary), Craig Whitcomb, Frank Sampson.

Others: Heinz Proft, Walton Mcaughern, Peter Markounis

Minutes Accepted Minutes of the January 11, 1999 meeting were motioned to/and accepted unanimously.

NEW BUSINESS Herring River Watershed Study Committee Charlie Beggs and Frank Sampson brought the SMWQC up to speed on the progress of the HRWSC. As of now the committee has met several times and is still very organizational at this point. Patti Kellog from the Riverways Program has been attending. That outfit wants to make the River a priority.

The HRWSC is preparing an RFP to study the flushing of the lower river including the water quality parameters.

Contrary to rumor there has only been an informal discussion about removing the Rail Trail embankment culvert and replacing the spot with an open bridge. This is where herring are backing up on the river because they will not pass through the darkened submerged culverts until after dark. An open bridge would let herring pass without problem.

Although the embankment was built before 1865 when the Yarmouth to Orleans section of the Cape Cod Railroad came into being . The culverts of the railroad embankment became submerged in 1931-2 when the river was dammed by Vernon Johnson at Johnson's flume to create the cranberry reservoir. (FAQ: When was the Harwich-Chatham spur of the Cape Cod Railroad opened? see bottom for answer)

Frank Sampson indicated that they are also considering the River for nomination as an ACEC such as Pleasant Bay, however, were unsure whether that idea was achievable considering the labor intensity after watching the Pleasant Bay group operate, more than any thing the committee needs public input.

The next meeting of HRWSC is planned for May 12th 7:30 PM in hearing B upstairs Harwich Town Hall.

Francis Dock Permit Herring River
Peter Markounis of Coastal Engineering presented a dock alteration plan for Carlton Francis at 20 Chase Street on the left bank. He explained the owner wanted to change float size from an existing 4x20' float held by pipe piles to a 6x30' float held by timber pilings at the ends of the float.

During discussion Craig Whitcomb said that this is a strong oyster habitat and was not sure that he liked the idea of driving pilings into the area. He indicated a shellfisherman has to work the edge because of the depth and pilings would cause issues.

More discussion on the point that the sensitive area is a unique site and would certainly be more difficult to harvest with 4 pilings in the way and the float should be brought into compliance with the By-Law requiring the float to float at MLW. The depth at six feet further out is 3' according to Markounis.

Charles Beggs made the motion that two piles landward of the float should be allowed and driven so as to allow the float to get out two more feet into the river. Seconded by Frank. Voted unanimously.

QUESTION ABOUT FLOATS
The committee discussed problems and issues surrounding the practicality of floats and how we should consider the big picture.

We really want to get people to do the right thing and get them to store floats properly up in the high ground of there property or elsewhere, not on the saltmarsh. This is often on the conditions set by the Conservation Commission but one has only to look not far and see instances all winter where sure enough there are floats sitting on top of the spartina.

The By-Law indicates the limit of any float not to exceed 200 square feet. This would be 10x20' in size. Charlie Beggs said that this is too large for the owner to easily handle particularly if they want to trailer the float out of the water at the boat ramp for upland storage. The preferred thing to do. He recommends floats not exceeding 20x8' . The SMWQC recommended that Tom Leach draft a letter to the Harwich Conservation Commission making recommendations on these points and initiate a discussion of how we can improve this situation throughout Town. We need to hear back from the property owners and hope they are willing to understand this need to keep the floats off the marsh in the winter time.

WATER TESTING
Test wells have been sited at Round Cove and the first samples were taken by Heinz Proft and Tom Leach on April 14. We are looking at salinity, nitrates and phosphates, pH and fecal coliform bacteria in the watershed.

Surface Samples were also taken at 2 stations at Squinquit Pond, John Joseph Pond and Bucks Pond. This to address problems in those various areas.

Test results not yet available at this writing.

PLEASANT BAY ACEC GROUPS
Water Quality Work Group Members- There will not be a meeting of the Water Quality Work Group on Friday, April 30th. The next meeting of the work group will be on Friday, May 7th, Orleans Town Hall 9:30 AM.

The reason for skipping the meeting is to allow enough time to develop a draft/outline of a QAPP that can provide a focus for discussion. There would not be sufficient time to pull together a document for this week.

The MOU between Town and DMF Officials relative to closure of shellfishing areas within Harwich. Areas will be closed as of the following dates:

Herring River May 1st
Allen Harbor June 1st
Round Cove June 1st
Wychmere Harbor July 1st
Muddy Creek July 1st

NEXT MEETING MAY 3rd
Paul Donovan recommended that May 3rd at 3 P.M. will be the next meeting of the committee. Also , some discussion of notifying Barbara Jordan about the meeting.

ADJOURNMENT
The meeting adjourned at 5:00 PM.

(The Harwich-Chatham spur was dedicated October 1887

Members Present
Paul Donovan (chairman), Robert Dowling (vice chairman), Charles Beggs, Thomas Leach (acting secretary), Craig Whitcomb, Frank Sampson.

Others:
Heinz Proft, Walton Mcaughern

NEW BUSINESS

CHANGES IN SHELLFISH REGULATIONS
Shellfishing in a Vegetate Area nixed The SMWQC acted upon the request of the Conscom for a new regulation recommendation that no shellfishing be allowed within ten feet (10') of a vegetated area, ie. marsh grass, peat, spartina. The Commission was reacting to a situation they had seen at a recent on site hearing at Trinity Cove where they had found what look liked unfilled hole left in the marsh by a shellfishermen .

On behest of Jane Harris, Conservation Agent, Tom Leach took the issue before the SMWQC. Craig Whitcomb described how he was familiar with how the shellfishermen in Barnstable Harbor are allowed to dig into the marsh banks in that estuary. He described that they (in Barnstable) seem to feel that unless digging in the marsh is maintained the shellfish beds will become over grown with grasses and/or become less ripe for clam settlement.

Bob Dowling described his personal experience or observation on how these plants root out underground rhizomes "marching" forward to recover an area.

Tom Leach put in his two cents describing how Pop LeClaire had spent years weeding his shellfish grant at Red River marsh. When Pop passed away, it didn't take very many years for the Spartina to recover the area. Now the flat is gone covered by a beautiful green carpet of grass. Tom feels that the shellfishing should be permitted up to a vegetated area.

Paul Donovan asked for a motion. "No shellfishing shall be allowed in accordance with the Massachusetts Wetlands Protection Act and the Harwich Wetlands Protection By- Law". Tom Leach, seconded. Voted unanimously by the Committee.

(ed. note. Former Selectmen Barry Hemeon contacted Tom Leach on 1/27/98 in response to the legal advertisement and has suggested that under regulation #6, change #2 to read instead as follows: " No digging of shellfish shall be allowed in vegetated .......) This to not preempt taking scallops in such an area.)

CHANGE IN FAMILY FISHING DAYS
This item was requested by Selectman Cyd Ziegler who said he had seven complaints from people who were discouraged because of work they were unable to go shellfishing on the appropriate day in Harwich. Cyd proposed that family shellfishing should be equivalent to the commercial fishermen's opportunity to go six days per week.

The Committee members wrestled with this one. Most of the SMWQC seemed to agree that the regulations which were carefully reworded and charted two years ago had there roots in protecting the resource. Making family shellfishing six days per week would definitely work against protection. Heinz Proft showed a table he had developed from regulations of other Cape Towns. With the acceptation of Chatham all offered less opportunity for family shellfishing than Harwich.

Craig Whitcomb said that he knows opening the resource in the summer will definitely allow more opportunity for the resource to be over exploited. Harwich does not spend enough on coverage to get away with an open season. However, he did say from his experience that he would reluctantly go along with a 7 day winter scheme.

Paul Donovan said he was the example of the guy that cannot go. His winter work gives him Mondays off only so he is supportive on generals.

Tom Leach said that he felt it unwise to be in support of anything that further impacts the resource which is wholly under impacts from so many directions from human intervention to marine bioinvasion ( the spread of marine plants and animals not native to the US as the green crabs).

Increasing the human hunting aspect by increasing harvesting to more days per week will only further take down the indigenous spawning mass, further disrupt and disturb the clam beds at a period when they should be kept relatively dormant.

The work of Malouf shows that the ratio of hermaphroditic clams does not become 1-1 egg bearing until having reached the average size of 2.5 inches in length long after legal cull. We are at such a fine cull now in almost all our areas that over harvesting the younger male population can only lead to poor natural reproduction. It is the natural reproduction engine that we need to achieve to return the fishery to its former "peremptory" state. Therefore, the more we control fishing now the greater the chance of returning the fishery to a state of equilibrium.

Both Heinz Proft and Walton Mccaughern stated that they felt that opening the fishery up further would not in the best interest of the fishery. Heinz showed a table showing that most all the other Cape towns limit the family fishery more than Harwich already. A move to designate more days is a move away from center.

Both wardens were emphatic that the attitude expressed by the proponent, that people can fish what is the difference if there isn't someone there to inspect, is problematic. Craig, Heinz and Walt cited examples of just how fast the fishery can get out of control when enforcement lapses. While Tom expressed concern that more enforcement personnel would be required for open days as well.

VOTE TAKEN
The Chairman called for a motion and which was profted by Craig Whitcomb who declared he could reluctantly go along with a short period of unrestricted fishing only and recommended the Board of Selectmen change regulation #6 Family Shellfishing Days Chart be adjusted to:

Family Shellfishing be allowed on a seven day per week basis from January 1st to March 31st.

No shellfishing be allowed in vegetated areas in accordance with the Harwich Wetlands Protection By-Law.

A vote was taken 5 in favor one opposed.

COMMERCIAL SHELLFISH REGULATIONS
SPECIAL REGULATIONS
Tom Leach has also presented some conditional regulations for review by the Board of Selectmen. As follows:

To allow commercial shellfish permit holders to fish Wychmere Channel, including the area under the fixed dock at Harwich Port Boat Works, under normal regulations until May 1st, 1999 or until conditional closure whichever is sooner.

To allow commercial shellfish permit holders to fish Round Cove under normal regulations until May 1st, 1999 or until conditional closure whichever is sooner.

ADJOURNMENT
The meeting adjourned at 5:00 PM.

Members Present

Robert Dowling (vice chairman), Charles Beggs, Thomas Leach (acting secretary), Craig Whitcomb, Frank Sampson.

Others: Heinz Proft, Martin Moran (Moran Engineering)

NEW BUSINESS

WATER QUALITY DATA PRESENTED

A small packet of data was distributed by Asst. Natural Resources Officer, Heinz Proft. The results of the summer water sampling reflected areas of high concentration of coliform bacteria as well as concentrations of nitrates and phosphorus. A figure illustrating the combined water sampling results from 1990-98 (Allens Harbor) was also included. While the data clearly speaks for itself, it is evident that summer and fall are times of the year when fecal counts are at their highest. Heinz also distributed the results from this years seeding of nearly 6 million quahog seed. A copy of that table has been included in these minutes.

Charlie Beggs said that he has been under some pressure from other fishermen to understand where the seeding is actually taking place. Tom Leach agreed that the best plan will be to formulate a complete table of where and how much notata seed has been planted over the years. This to know what our expectations might be and gain understanding as time goes on where our seeding program is working.

Perhaps the best place to record this for all time is in the most public of repositories, the Harbormaster Website which is devoted to waterfront issues and harbor management.

(ed note. Donald Ryder was on shellfish patrol November 1st, the opening day for Family Permits at Allen Harbor and reported that there was no problem for folks making limit in short order with generous size littlenecks. The result of seeding in 1995.)

Ferrantino Dock Turned Down
The plan for a dock application of Janet Ferrantino at 1 Driftwood Terrace, West Harwich has been rejected by the Shellfish Committee.

The Harwich Shellfish and Marine Water Quality Committee held a hearing on the Ferrantino Dock Proposal at its scheduled meeting October 29th. Martin Moran, PE from Moran Engineering was on hand to present the proposal to the Committee.

After much deliberation, the Committee unanimously voted against the proposed dock primarily based on its interference into what is known has a primary shellfish spot for commercial shellfishermen harvesting oysters. The committee members also expressed a concern that if the pier was made shorter , prop wash would further disturb the areas natural ability to catch and hold set and scatter the bed.

A further concern was expressed relative to the drawing of the plan which does not show the opposite shore. The By-Law requires that a dock nor the boat (which would be tied to it) interfere with 50’ of deep water channel width. The deep water channel width must be maintained. This is a constricted corner in the river and boats must make a hard turn in the area. Plans that do not show the opposite bank do not give committees a proper understanding of the situation.

Herring River Watershed Study Committee Update

Tom Leach reports from Wayne Melville that some progress has been made on the Herring River Watershed Committee but the group has yet to hold its first meeting. The Cape Cod Commission has apparently agreed to do a flushing study of the entire river through Ed Eichner.

Garrett Tunison from the Riverways program has been made a permanent liason from that group to the newly forming committee and is seeking permanent permission from through the Conservation Commission to be able to remove nuisance vegetation from the River.

Link Thacher will be the new chairman of the Committee when it gets underway. Also Modern Continental has agreed to complete their work on opening the right-of-way at Herring Run subdivision at Hinkley's Pond. This to provide Natural Resources Department Access to the Hinkley pond dam and ladder.

OLD BUSINESS
Pleasant Bay Plan gets Final Revisions The Committee received a notice of the final revisions in the Pleasant Bay Resource Management Plan.

Revision #1 9.6.2 Ensure consistency of local and State Wetlands Reviews with the Pleasant Bay Resource Management Plan. (recommendations for consistency review are recommended)

Revision #2A Paragraph B found on pages 7 and 8 of plan dated April 18 is deleted.

Revision #2C Section 1.4.2 is superseded with language that say the adequacy of he ACEC boundary should be re-evaluated in five years as part a the revision plan. (This is most likely in regard to the shifting entrance at Chatham Harbor)

Revision #2D Elsewhere in the plan where reference is made to the ACEC boundary is made, the existing boundary shall apply.

OTHER
PLeasant Road Beach shellfish bed Jane Harris has report the concerns of the Harwich Conservation Commission relative to the possible erosion of the seeded shellfish bed off the west end of Pleasant Road. The reconstruction and heightening of the large jetty on the Old Mill Point beach is reported to have caused erosion of the bar to the immediate east. This bar is an area that the HNRD has seeded with large quahogs over the years as late as March 1998.

It was the contention of the Commission that the Old Mill Point Association would be responsible for these alterations caused by the improved jetty. Harris has asked the HNRD to resurvey the area for second opinion.

(ed. note Heinz Proft and Larry Chandler from HNRD surveyed Pleasant Road beach bed (11/6/98) and found few quahogs in the old seeded bed. It was inconclusive whether the jetty has changed depth or shape of the bar in this shallow area.)

International Shellfish Conference
Tom Leach and ARC's Dick Kraus have been selected and granted a stipend (to cover expenses) to represent Barnstable County and the South Eastern Massachusetts Aquaculture Center at the 2nd international Conference on Shellfish Habitat Restoration at Hillton Head, S.C., November 18-21. The ICSR'98 theme parallels the concept that the HSMWQC. That would be "Forging Partnerships to improve the health of Coastal Ecosystems through shellfish restoration." Tom is very excited about the opportunity and feels he can bring back important information to share with the County, Town and shellfish colleagues in this area.