Minutes

Meeting date: 
Monday, February 6, 2017

Minutes

Shellfish Advisory Board

February 6, 2017

Wellfleet COA

Present: Barbara Austin, Jacob Puffer,, Zack Dixon, Rebecca Taylor, Brett Morse

Regrets: Jim O’Connell, Tom Siggia, John Duane

Others in Attendance: Andy Koch (Shellfish Constable) John Mankevetch (assistant

constable), Michael DeVasto, Katie Murphy, Martha Craig, Don Palladino, Ed Tesson,

Sue Tesson, Jerrie Austin, Richard Blakely, Susan Baumgarten, Helen Miranda Wilson,

Abbe Seldin, Farny Schneider, Judith Stiles, Bob Wallace, Jodi Birchall, Brad Morse,

Michelle Insley, Ethan Estey, Tim Hughes

Meeting called to order 7:06 p.m.

1. MINUTES

Jake made a motion to approve the December 28, 2016 Minutes, Brett seconded,

motion passed 5-0.

2. PRESENTATION BY HERRING RIVER CONCERNED CITIZENS

Susan Baumgarten of HRCC introduced herself as someone with experience in working

with big, complicated projects and doing research to uncover facts and science.

After reading the HRRP FEIR, Susan has some concerns about the risks and claimed

benefits. She handed out a HRCC fact sheet titled Herring River Restoration Fact Sheet:

Evidence of Shellfish Benefits (attachment 1).

Discussion included:

- Susan pointed out that benefit to shellfishing is not listed in the FEIR “need for action”.

Mike Devasto noted that he has not heard that it was claimed as a reason for the project.

- Susan mentioned that the evidence of reduction of coliform bacteria to safe Shellfishing

levels is based on a 2006 study and was only a suggested result based on that study.

Martha Craig stated that it is basic estuarine science that clean water moving will

reduce f. coliform. Jodi Birchall said that while that is true it is only true for surface

water and there is no study on what effect the project will have on title 5 septic systems.

- Richard Blakely raised the issue of the plume from the dump. If the hard clay that

keeps the plume from leaching back downriver is breached we are in trouble. Martha

stated that with this project the mean level of the water would not change, so the plume

would not be affected. Also, the landfill was capped and leaching has been drastically

reduced since. She said that testing has shown no movement from the plume into the

river. Jodi said that she’d like to see independent research (not the Park Service) on the

plume. She also noted that Eastham had regular plume testing for a long time and

everything was fine until one day when it wasn’t. Martha clarified that testing is done

by an independent group hired by the town. It is well monitoring not hydrological

study.

Susan handed out a second HRRC Fact Sheet: Risks to Shellfish Beds (attachment 2).

- Susan asked if a more detailed sediment transport study has been undertaken. Martha

answered that Woods Hole Group is doing that now. Judith said that the FEIR states

that temporary sedimentation is a possibility. She also mentioned that mitigation in case

of damage to the golf course and private home owners is mentioned many times in the

FEIR, but nothing about mitigation for shellfishing. She said that insurance is not

needed, because it would be too hard to collect. What is needed is an emergency fund, a

liquid emergency fund that would help shell-fishermen to pay their rent and make

decisions about how to go forward in case of closure.

- Alfred Pickard gave the example of the parking lot at the gut disappearing after the

seashore assured us that it would come back. The Seashore could be wrong with their

modeling and there is absolutely no mitigation plan (no money, no relocation, nothing

for the shellfishing people).

Susan handed out a third HRRC Fact Sheet: Herbicide Risks (attachment 3).

- Susan asked if there has been any study or result from the spraying of Glyphosate at

Herring Pond.

- Judith read the warning from the label of a Glyphosate product referring to the

possibility of suffocation of fish. Susan added that the WHO has labeled Glyphosate as

a probable carcinogen.

- Helen mentioned that the 3 entities on the Executive Council must each consent before

any action on a particular issue (i.e. herbicide use) is taken.

Susan handed out a fourth HRRC sheet: The Adaptive Management Plan, What Does it

Mean? How Will it Reduce the Risks? (Attachment 4)

- Susan expressed concern that Adaptive Management is too reactive and that by the time

something is found to be harmful, it may be too late. Martha reiterated that there will be

constant monitoring.

Barbara Austin informed the committee and the audience that Friends of Herring River

will be presenting Scientific Studies of Interest on March 23. Martha handed out flyers.

3. NOTICE OF INTENT FOR SPAT COLLECTION DEADLINE IN CHIPMAN’S

COVE

Barbara - extending the deadline for hat removal needs to done permanently.

Helen - DMF says that if Shellfish Dept works with Board of Health and ConsCom then

7.15.3 can be made permanently to reflect the dates of June 15 through October 20 for hat

removal deadline.

Barbara made a motion to make permanent the dates for hats in the Cove June 15

through October 20. Jake seconded, motion passed 5-0.

4. PETITIE REGULATIONS

Barbara - the State is no longer asking Wellfleet to have an endorsement for petites.

Many grant holders have expressed that they would like to be able to sell petites and have

a commercial license.

Andy said that the State no longer requires an undersize permit, so it is a done deal.

Helen’s only concern is that it may be unfair to those who do not have leases.

Brett and Tim Hughes stated that there would have to be very strict enforcement. Jake

agreed. Brett Morse agreed.

Barbara mentioned that DMF is going to be tightening up on the wild guys, especially

during vibrio. The wild will be much more strictly regulated.

Jake made a motion to recommend to BOS that 7.16.3, 7.16.4 part a, b and c and

7.16.5 part c and d be removed from the Wellfleet Shellfish Regulations. Barbara

seconded, motion passed 5-0.

Meeting adjourned at 9:37 p.m.

ATTACHMENT 1

HERRING RIVER RESTORATION

FACT SHEET: EVIDENCE OF SHELLFISH BENEFITS

Re-opening and expansion of the shellfish beds has not been cited as one of the

primary reasons to restore the estuary.

• The “need for action” is based on six “adverse ecological impacts”: 1) tidal

restriction, 2) plant community changes, 3) loss of estuarine habitat and

degradation of water quality, 4) alteration of natural sediment processes an

increased salt marsh surface subsidence, 5) nuisance mosquito production and 6)

impediments to river herring migration.”(FEIR, page iii)

With no restoration the shellfish population will continue at current levels.

• “Wild and cultivated shellfish populations downstream of the dike and in

Wellfleet Harbor are expected to continue at current population levels. (FEIR,

page 248)

Oysters are unlikely to re-establish themselves unless the riverbed hardens.

• Even with restoration upstream of the dike it is “unlikely that oysters would

establish themselves naturally, unless the bottom substrate of the river hardens

naturally with restoration.” (FEIR, page 250)

The evidence that restoration will reduce coliform bacteria to levels “safe for

shellfish harvesting” is based on an inconclusive 2006 study”. [Email, 1-6-17]

• Results from the Herring River, plus a preliminary survey of other diked Cape

Cod estuaries, suggest a direct relationship between the degree of tidal restriction

and surface-water fecal coliform, which should be studied further.” (Portnoy

and Allen, Journal of Shellfish Research, vol. 25, No. 2, 609-617, 2006).

The real-world evidence that the beds will re-open and expand is based on an

example in North Carolina (North River, Carteret County). [Email 1-6-17]

o Approximately 200 acres were reclassified from closed-to-shellfish harvest to

conditionally-approved-open.

o Conditionally approved beds can be closed after a significant rainfall due to fecal

coliform bacteria, so the project failed to re-open the beds permanently.

ATTACHMENT 2

HERRING RIVER RESTORATION

FACT SHEET: RISKS TO SHELLFISH BEDS

Sedimentation is one of the most often cited risks and was studied by the Woods

Hole Group (WHG), but questions remain.

• “…sedimentation and erosion downstream of the dike in Herring River and

Wellfleet Harbor could pose some adverse impacts to shellfish.” (FEIR, page 254)

• “Oysters are sedentary and would be susceptible to burial by excessive

sedimentation… but these sediment accumulations would likely be

temporary.” (FEIR, page 251)

• The Woods Hole preliminary analysis “revealed the potential for altered sediment

transport patterns”. The WHG stated that because of the importance of sediment

transport to the “valuable nearby shellfish resources…a more detailed sediment

transport evaluation was warranted.” [Woods Hole Model, Page 180]

o Was this more detailed analysis performed? What were the findings?

Other risks to shellfish beds in Wellfleet Harbor include excess nutrient export,

transport of fecal coliform bacteria, algal blooms, and sediment deposition. [FEIR,

page C-15]

• Renewed tidal flushing of acid sulfate soils would allow ammonium-nitrogen to be

released into receiving waters, and would likely be short-lived, “probably

months” (FEIR, page 200)

• “Potential wetland resource area impacts include 31,484 square feet of land

containing shellfish designated as a permanent impact area” (FEIR Certificate, page

12)

o How will this affect the shellfish beds?

• Permit applications must include plans to test for metals and pesticides potentially

mobilized during the project (FEIR Certificate, page 23)

• Construction of the new dike poses risks due to time-of-year restrictions (FEIR

Certificate, page 37)

There is no insurance to cover temporary or permanent loss of income

due to disruption to the shellfish beds

ATTACHMENT 3

FRIENDS/HERRING RIVER RESTORATION COMMITTEE

FACT SHEET: HERBICIDE RISKS

Friends/HRRC public statements on herbicide use have been contradictory and

ambiguous since public pressure against herbicides appeared in the fall.

• “Project representatives have consistently and accurately stated that no decision

has been made about the use of herbicides in the Herring River

Restoration.” (Email 12-22-16)

• “There currently is no formal plan or proposal for any sort of phragmites

management in the Herring River project area, despite what you may have read in

recent news articles. Perhaps it should have been written more explicitly, but the

language within the EIS was intended to imply the potential use of herbicide as

one of a number of control techniques that could be considered in the future, not

that any such decision has already been made.” [Email, 11-30-17)

• “The Massachusetts Department of Environmental Protection (DEP) stated…that

the Restoration Project must demonstrate a significant improvement in wetland

habitat by expansion of wetland, particularly salt marsh, through control of

invasive species (phragmites) in order to obtain the necessary permits. (Email

1-22-17)

The Final Environmental Impact Report states that herbicides will be used.

• “Overall, there could be 150-250 acres of brackish habitat that may be susceptible

to invasion by common reed (phragmites). It is expected that high salinity levels

in some areas and repeated herbicide applications in other areas…will be effective

for controlling common reed.” [FEIR, page 245]

In 2012, The Cape Cod National Seashore sprayed Glyphosate at Herring Pond to

control phragmites. https://www.nps.gov/caco/learn/nature/phragmites-control.htm

• The glyphosate was applied using backpack sprayers. There is no evidence of

water quality monitoring for herbicides, effects on off-target species or the

effectiveness of the spraying

Herbicide (glyphosate) is the primary method for controlling phragmites.

• Two prominent scientists surveyed 285 land managers and learned that “The vast

majority of organizations used herbicide as their primary P. australis (phragmites)

control method. Other methods were less common”. [The Runaway Weed: Costs

and Failures of Phragmites australis Management in the USA. Estuaries and

Coasts (2013) 36:626-632]

Using herbicides to control phragmites is costly, toxic and ineffective.

• In this same study the scientists state that herbicides should not be used. “…

invasive management programs often focus on the invader, and in doing so, lose

sight of the invaded ecosystem—the real object of concern. The prevalence of

herbicide application is also troubling given the lack of evidence that such

management is effective. It is imperative to quantify effects of large-scale

herbicide use…only quantitative evidence for beneficial effects of control efforts

can justify continuation of such treatments.”

The herbicide of choice to control phragmites is Rodeo, an herbicide made by

Monsanto that generates billions of dollars in sales each year.

• Rodeo contains glyphosate, deemed a probable human carcinogen by the World

Health Organization (WHO) in 2015.

• The independent WHO scientists are “among the elite, routinely seen as

independent experts, pulled from top institutions around the world.”1

• Monsanto and its lobbyists are attacking these scientists and demanding that the

EPA deny this classification and permit the continued use of glyphosate

herbicides.

Glyphosate poses a risk to wetland creatures because of its affects on the delicate

ecosystem that supports aquatic and terrestrial life. 2

• Glyphosate kills vegetation by binding minerals needed for survival

• Once these minerals are bound by glyphosate they are not available for birds, fish,

amphibians and mammals so they are also affected

1 http://www.huffingtonpost.com/carey-gillam/iarc-scientists-defend-gl_b_1...

2 Tao Orion, Beyond the war on invasive species: a Permaculture Approach to Ecosystem Restoration

(2014)

• Glyphosate can interfere with soil-based organisms vital to healthy immune

systems in humans, insects, birds, amphibians and mammals

ATTACHMENT 4

THE ADAPTIVE MANAGEMENT PLAN

WHAT DOES IT MEAN? HOW WILL IT REDUCE THE RISKS?

An adaptive management plan (AMP) is required because the project poses risks for

humans as well as the aquatic and terrestrial ecosytem.

• Despite extensive modeling efforts and data gathering, it is uncertain how specific

ecological processes will respond over the short-term and long-term. [FEIR

Certificate, page 8]

An adaptive management plan is a reactive not a proactive planning process.

• An AMP helps to identify problems by monitoring what is occurring. For

example, what can be observed about how sediments affect the shellfish? The

monitoring helps to identify problems and develop plans for solving them. [See

FEIR Certificate, page 9 for technical explanations]

Adaptive management plans are enormously complicated and are unique to each

restoration project. The HRRC has been working on the adaptive management

plan at least as far back as 2013.

• “…The National Park Service contracted with the Woods Hole Group and the

Provincetown Center for Coastal Studies to conduct the workshop on adaptive

management models. Several meetings are planned over the coming

months.” [HRRC Minutes 11/07/13]

Adaptive management planning is an evolving and imperfect science.

• “Adaptive management has been defined and redefined in the context of natural

resource management, yet there are few examples of its successful application in

ecological restoration.” 3

• “A common conceptual basis of ecological restoration is restoring an ecosystem

to its historical trajectory, a process that is inextricable from the human context in

which a restoration project is situated.”1

3 Nagarkar, M., and K. Raulund-Rasmussen. 2016. Ecology and Society 212 (2):43

• “Each restoration project operates within a social-ecological system, and the

growing vulnerability of these systems, as well as failures in management, have

led to calls for more adaptive governance regimes that can deal with uncertainty

and change.”1