Section J Shorebird Monitoring & Management
Duxbury Beach, Duxbury, MA 2017 Beach Nesting Bird Summary Report
Prepared by Gabrielle Gareau and Autumn Jorgensen, Mass Audubon Coastal Waterbird Program
Photo by Autumn Jorgensen
For further information, please contact:
Katherine Parsons, Director Sue MacCallum, Director
Coastal Waterbird Program South Shore Sanctuaries
PO Box 275 2000 Main Street
Cummaquid, MA 02637 Marshfield, MA 02050
(503) 362-7475 x9351 (781) 837-9400
[email protected] [email protected] Abstract
Monitoring of Duxbury Beach for nesting Piping Plover and Least Tern began on March 21 and continued through August 31, 2017. There were 28 pairs of Piping Plover that had territories at the site but only 27 of these nested. There were a total of 46 nest attempts. Ten nests hatched 28 chicks total and 11 chicks survived to 25 days, the age at which they are considered fledged, for an overall productivity of 0.41. One chick died after 25 days but before fully fledging, so in reality only 10 chicks actually fledged. Least Terns settled into four colonies by late May and there were 113 pairs at the beginning of June. High tides and storm overwash on June 5 caused many pairs to abandon the site; by mid-June only 75 remained and by July fewer than 40. Only a single tern nest survived to hatch, but the 2 chicks were lost within a week. Most egg and chick losses for both species are from predation and overwash, although some Piping Plover chick losses may have been due to exposure during cool, wet weather. Two Least Terns, a Piping Plover adult and a Piping Plover chick were found dead on the beach this season.
Site Characteristics
Duxbury Beach is a narrow 6-mile barrier beach peninsula, which spans the towns of Duxbury and Plymouth in eastern Massachusetts. A maintained hard-pack sand road spans the length of the beach on the bayside, connecting the communities of Saquish and Gurnet (in Plymouth) to the mainland. Along the road, 3 vehicle crossovers allow access onto the front beach for off-road vehicles (ORVs).
The spine of the barrier beach is formed by low-lying dunes which are densely vegetated by beach grass, sea rocket, seaside goldenrod, beach rose, beach pea, and poison ivy. Woody shrubs and trees dominate the areas of higher elevation, including High Pines and Plum Hills. The substrate on Duxbury Beach varies significantly along its length and between the oceanside beach and the bayside. The oceanside beach is mainly made up of a cobble and sand mixture, but becomes nearly all cobbles between the third crossover and Plum Hills. The bayside consists of tidal mud flats, salt marsh, low dunes covered in beach grass and other vegetation, and some patches of cobble. Between High Pines and the third crossover, there is a wide, flat area on the bayside where patches of vegetation are removed annually to create artificial habitats for nesting birds. The ecosystem provided by this barrier beach is unique and affords considerable breeding, foraging and resting habitat for a number of songbirds, shorebirds and other wildlife such as the federally and statelisted species Piping Plover (Charadrius melodus) and Least Tern (Sterna antillarum). Each year, Duxbury Beach provides an important stopover and foraging site for thousands of migratory shorebirds. The beach is owned by Duxbury Beach Reservation, Inc. (DBR) and it is leased to the Town of Duxbury. DBR has developed an extensive Beach Management and Habitat Conservation Plan, which includes the Endangered Species Monitoring Program. The Duxbury Harbormaster Department is responsible for the enforcement of regulations relating to the management plan, including management of wildlife species of concern. Endangered Species Officers (ESOs) are specifically responsible for overseeing these aspects of beach management as outlined in the Beach Management Plan. Mass Audubon’s South Shore Sanctuaries’ Coastal Waterbird Program (CWP) biologists are responsible for data collection, monitoring breeding behavior and nesting activity, and making recommendations to minimize disturbance and maximize productivity. All of these roles and positions work in conjunction with one another to protect the Piping Plovers and Least Terns nesting on Duxbury Beach, and regulate human recreational access to the beach. For further details regarding the management plan and specific roles and responsibilities of each party, please refer to the Duxbury Beach Management and Habitat Conservation Plan, Revised May 2016.
During the summer, and particularly on holidays and weekends, the beach is heavily used for human recreation. Annual parking permits and oversand permits are sold to the public by the town. Regulations and subsequent enforcement establish that all vehicles must display either their parking and/or ORV permit in order to access either parking lot or the ORV-designated sections of the front beach. While dogs are permitted on the beach, the dogs and owners are subject to certain restrictions. Dog walkers are required to carry a permit with them, with dogs being leashed at all times, and they are forbidden to disturb wildlife on the beach. The Duxbury Harbormaster department enforces established beach rules outlined in DBR’s Beach Management Plan, such as restrictions on open fires and regulations pertaining to alcohol consumption.
Monitoring Activity
Monitoring for nesting Piping Plover and Least Tern by the CWP biologist began on March 21 and continued until August 31. The site was visited three to five times per week in March and April. As nesting activity increased at the beginning of May, monitoring visits increased to 6 and eventually 7 days a week beginning the last week of May, shortly before the first chicks were due to hatch. Visits to the site covered the suitable habitat areas on the oceanside beach, the artificial habitat areas on the bayside, exposed tidal flats on the bayside, and areas of the dunes where birds had been active. Due to the large size of the beach, full coverage was not possible each day, so a typical visit might cover half to threequarters of the beach, with the areas covered alternating between days. If time or CWP staffing levels allowed, the entire beach was monitored in a single visit.
Monitoring tasks included counting adult terns and plovers, searching for nests, and checking on active nests and pairs. Once nests began to hatch, the CWP biologists began monitoring at 6am and would locate active broods and count plover chicks before the front beach was opened to vehicles. Additionally, CWP biologists regularly interacted with beach goers, informing them about monitoring activities and educating them about the nesting birds. The symbolic fencing was inspected on every visit and the ESO on duty was informed of any needed repairs or extensions. Duxbury Beach ESOs were present on the beach 7 days per week throughout the season.
Piping Plovers
The first Piping Plover adults were observed on April 3, when there was one pair and three lone adults roosting on the upper beach at high tide. By April 7, 23 adults had returned to the beach and, based on observed behavior, at least 9 pairs were already established. This early arrival of pairs that seem already established suggests that they may be returning pairs that had nested at the site the previous year. The number of pairs kept increasing throughout April and even into the first half of May, as more breeding birds arrived from their wintering grounds. By May 18, there were 27 pairs and a lone male.
One of these 27 pairs was actively scraping and courting near High Pines for three weeks in May, but they then departed the site around May 21 without having nested. This pair is included in the total counts for census reporting because of their extended stay despite not nesting at the site. The lone male had a territory on the oceanside beach south of High Pines and was very active in the early weeks of the season. He was first seen with a female on June 14 and they quickly began courtship and breeding behaviors, making a total of 28 pairs this season, 27 of which nested.
The first nest was located on April 24 and the first egg was likely laid that same day. There were many late nests this year, with many late-arriving pairs and pairs re-nesting after nest losses. The last nests were found on June 22 and the last egg was laid on June 25. The 27 pairs that nested had a combined total of 46 nests, with at least 160 eggs laid. Each nest attempt is given a unique alpha-numeric identifier with the number indicating which pair the nest belonged to and the letter representing which attempt the nest is – A for a first nest, B for the second and so on. If a nest is lost before all the eggs have been laid, the pair will often start a new nest and continue laying immediately. These nests are designated as continuation nests (for example Nest 4B-continuation) as they are technically part of the same round of egg laying and do not represent a completely new nest attempt. See the table in Appendix 1 for details of each nest and the maps in Appendix 2 for nest locations. 14
12
10
8
6
4
2
0 Hatched Overwash Coyote Fox Predation Crow Skunk Unknown Predation Predation Predation Cause
Figure 1. Piping Plover nest outcomes. Total nest count was 46, but note here there are 49. Three nests had two different outcomes and are counted under each type: Nest 9B-cont had one chick hatch but a fox got the remaining eggs or very young chicks in the nest; Nest 16A lost two eggs to unknown cause but the adults kept incubating the remaining two eggs until they were lost to a crow; and Nest 24A lost one egg to unknown cause two weeks before a coyote took the remaining eggs.
Nest Losses
The causes of nests losses were varied this season, with predation being the largest single cause with 24 nests lost to predators (Figure 1). Known predators of nests were coyote, fox, crow and skunk, with coyote being responsible for 9 losses and fox for 12. Several of the nest losses for which a cause was not able to be determined were also likely lost to predators. If there has been heavy rain or strong winds in the period before a nest loss is discovered, the cause is generally considered unknown unless strong evidence of predation or another cause is seen. Evidence of predators such as tracks can easily be lost to wind and rain, washing them away before discovery.
There were extremely high monthly tides this season, nearing 13 feet at the end of May and June when nests were active. The May high tides hit concurrently with a mild storm with east winds. The storm and tide combined to create unusually high surf that overwashed seven nests. The timing of this overwash event was especially unfortunate as it was just before the first nests were due to hatch, and three of the seven overwashed nests had been incubated for 24 days or more.
Storm overwash not associated with extreme tides also caused nest losses in mid-May and in early June. Interestingly, two nests were hit by the high waves in early June and managed to survive. The eggs in nest 24A were moved, either by the water or the adults, into a new nest above the wrack line three meters away from the original nest location. All of the eggs survived this move although the nest was later lost to other causes. Nest 13A was similarly moved, although oddly, the adults made one new nest for three of the four eggs and a second nest for the last egg a few feet higher on the beach. The adults continued to incubate both nests, moving back and forth between them, for several days until the eggs hatched. The single egg and two of the three other eggs hatched.
The number of nests lost to predators was low early in the season as the first round of nests was being incubated. Overwash was a more significant cause of nest loss in May than predators. Predation then increased dramatically in June as coyote and fox became more active on the beach (Figure 2). Coyote and fox tracks were noted almost every single day this season, and their combined impact on Piping Plover productivity was devastating. Of the 46 nest attempts this season, 21 or nearly half were lost to coyote or fox. Although approval for coyote removal was in place at the beginning of the season, removal of foxes required additional time to approve and many nests were lost during this period. If fox removals could have been done immediately in early June, many more plover nests may have gone on to hatch.
Figure 2. Causes of Piping Plover nest loss through the 2017 nesting season. Hatching and Chick Losses
The first nest to hatch was Nest 2A, which hatched all 4 eggs on May 27. Two more nests hatched in the following days. In total, only 10 nests hatched this season. Many nests hatched late into July, with the last one, Nest 23A, hatching 2 of its 3 eggs on July 21. At least four of the nests that hatched had one or even two eggs that failed to hatch. In total, 28 chicks are known to have hatched. One brood (25A) was found with 2 chicks post- hatching and it is not known if additional chicks hatched from that nest. Nest 9B-Cont suffered a loss to fox around the time it was hatching and although one chick was old enough to run and escape, it is unknown if the other 3 were still eggs or had hatched but the chicks were still too young and immobile to run. See Appendix 1 for details of the number of eggs hatched from each nest.
The incubation period for plover nests is typically 26 days, and hatching can be expected after 25-27 days; however, this season, half of the nests that hatched took 28-29 days. Additionally, 3 nests were incubated for 26 days or more but then failed before hatching. Adults disturbed off the nest frequently or for long periods of time leave the eggs exposed and can slow development particularly if the weather is cool, as it was this spring. Every effort should be made to ensure that fencing is sufficiently sized to prevent beachgoers from flushing the adults off the nest as little as possible. Every extra day that a nest is incubated is an extra day it is at risk of being located by a predator.
Of the 28 chicks that hatched, 18 were lost before being able to fly. The causes of chick losses are typically difficult to determine, but young chicks are primarily vulnerable to predation and thermal stress. The weather this season was cool and stormy well into June and it is thought that exposure to the elements may have contributed to the loss of 9 chicks ranging in age from 1 to 11 days old. Predation may also explain some of these losses, however the exact cause cannot be known. A 2-day old chick disappeared after monitors observed an immature herring gull stalking the brood. One chick disappeared at 24 days old and was later found dead, believed to have been hit by a wave and drowned. Two entire broods, totaling 4 chicks, disappeared after a major storm on July 23-24 that had waves overwashing into the dunes, leaving the chicks with no escape route. Nest 26A hatched late in the season and the female left the site when the chicks were 12 days old. The male neglected parenting duties for the next week and the 3 chicks split up over a half mile of beach. The chicks were observed wandering huge distances each day – up to 3 miles back and forth – and not foraging sufficiently to fuel these wanderings. The chicks were underdeveloped and two of the chicks disappeared, at 23 and 25 days of age respectively. Brood Movements
Due to the low number of nests that hatched this season, there were fewer broods that crossed the road than in the previous years. Only two broods were daily road crossers, 5A and 12B. Both of these broods were located between the first and second crossovers, and they crossed to the bayside for each low tide cycle, returning to the oceanside for high tide. These broods were in locations that have historically had crossings, and so chick monitors were placed on the road and trained to watch and listen for signs of crossing. Traffic was stopped when the crossings began and the chicks always made it safely across without incident.
One of the chicks from Brood 26A crossed to the bayside south of the Powder Point Bridge on August 6, when it was 21 days old. This occurred after the chicks had split up and they were receiving very little parental care. It never crossed back to the oceanside, and the adult was suddenly being frequently seen with it on the bayside flats. The other two chicks remained on the oceanside until they disappeared. They were rarely seen with the adult.
Fledging and Productivity
For the purposes of the Massachusetts state forms for data collection, Piping Plovers are considered fledged at 25 days of age or if they are seen flying at least 50 feet, whichever comes first. On beaches where off road vehicles (ORVs) are permitted, for management purposes such as reopening closed areas, Piping Plovers are considered fledged only when they are observed in sustained flight for at least 15 meters regardless of age. Pursuant to the Duxbury Beach Management Plan (section 5.3.4), restricted areas where no driving is permitted remain in effect until the ESO and CWP biologist determine the plovers in that area can sustain flight for at least 50 feet.
Only 11 of the 28 hatched chicks survived to 25 days of age. These represent chicks from just 7 of the 10 nests that hatched, as three broods lost all chicks before fledging. If a chick disappears after it reaches 25 days of age, it is still counted toward the total fledglings produced. This is the case for one chick this year, from Brood 26A, which was seen on day 25 but never observed again despite extensive searching for more than a week. It was small for its age and did not have sufficient feather development for flight, leading to the assumption that it died before being able to fly. Overall productivity for the 2017 season, defined as the number of chicks fledged per pair that attempted nesting, is 0.41. The actual productivity is slightly lower, as it is known that one of the fledglings did not actually survive. Target productivity for Massachusetts Piping Plovers is 1.2. Post-Breeding
Piping Plovers departed Duxbury Beach as their last nests failed and their chicks fledged. Very few adults remained at the site in August. The last observed Piping Plover was the fledgling from Brood 26A, on August 28. Its adult had left several days earlier.
Beginning in late June and throughout July, there were post-breeding adults and fledglings moving through the area and stopping to forage and rest at Duxbury. This remains an important site for staging and migrating plovers and other species of shorebirds. Least Terns
Least Terns were first observed on the beach on May 9 with 2 individuals flying overhead. By May 18, terns were beginning to settle into the site and getting defensive of their territories. Least Terns colonies were established in four areas of Duxbury Beach in 2017:
1. Pedestrian boardwalk to the south end of the pedestrian beach 2. Between the 1st and 2nd crossovers 3. Between High Pines and 3rd crossover 4. North of the Gurnet guard shed to Plum Hills
There were terns flying overhead and roosting on the beach near Blakeman’s Pavilion but none ever showed any breeding behavior in this traditional colony area. The beach in this area was extremely cobbly this year with little suitable nesting habitat. Locations and maximum extents of all colonies are shown on the maps in Appendix 2.
The first nests were located on May 27, with nests in the colonies between the 1st and 2nd crossovers, north of the 3rd crossover and at Gurnet. Least Tern adult count fluctuated greatly within each colony throughout the season. Census counts are conducted from June 5-20 with additional official counts done before and after this census window if there are significant changes in adult numbers. A summary of colony counts over time is included in Table 1. Overall, the total high count of Least Tern pairs for Duxbury this year was 113 pairs at the beginning of June. This fell to roughly 75 pairs during the census window and continued to drop into July as nests were lost.
Table 1. Summary of Least Tern Colonies on Duxbury Beach in 2017. The main census window of June 520 provides the “A Count”. If there are significant changes to the number of adults before (Pre-A Count) or after (B Count) this window, additional counts are included. * No official Pre-A counts were done for these colonies because the colony numbers remained fairly stable through the early season. Pre-A Pre A A A B B First First Chicks Chicks Colony Count Count Count Count Count count Adults Nest hatched fledged Date Pairs Date Pairs Date Pairs Pedestrian Beach 12-May 27-Jun 27-May 14 8-Jun 0 9-Jul 21 0 0 1st XO - 2nd XO 10-May 27-May 1-Jun 63 7-Jun 32 19-Jun 13 2 0 High Pines - 3rd XO 13-May 27-May 3-Jun 20* 15-Jun 30 6-Jul 8 0 0 Gurnet 11-May 27-May 3-Jun 16* 20-Jun 13 4-Jul 2 0 0
Nest Losses Similar to Piping Plover nests this year, predation and storm overwash were the major causes of nest loss for Least Terns. A storm on June 4-6 caused heavy washover in many areas of the beach right before the census window. This caused egg losses in all colonies that had nests at the time and overwashed Least Tern eggs were found in the Gurnet colony and in the 1st to 2nd crossover colony. It also had substantial impact on the adult numbers in the colonies on the pedestrian beach and between the 1st and 2nd crossovers. The pedestrian beach colony was abandoned completely after the storm, despite there being no active nests at the time of the overwash. The colony between the crossovers had 79 adults (equivalent to 63 pairs) plus more arriving daily and at least 19 nests before the storm. Only 6 nests managed to survive the overwash, and adult numbers began dropping rapidly, from the 32 pairs initially still present down to approximately 10 pairs by June 11.
Throughout the season, tern nests were depredated by coyote and fox. Tracks were frequently seen through colony areas and several freshly depredated Least Tern nests had fox tracks all around them indicating a likely loss to fox. Many tern nests were noted to have disappeared at the same time that nearby plover nests were lost to coyote or fox, suggesting that the predator encountered and destroyed multiple nests at once. Egg shell remains were found in and near Least Tern colonies on several occasions. At least two of these egg shells look like they may have been depredated by crow, with holes in the side of the egg consistent with other observed crow foraging remains.
A storm with strong east winds pushed waves high up onto beach on July 24, completely destroying all remaining nests in the 3rd crossover and south pedestrian beach colonies and all but one in the 1st to 2nd crossover colony. Predators had destroyed many of the nests prior to the washover but many of the remaining nests had been close to their estimated hatch dates. Hatching and Chick Losses Only a single Least Tern nest hatched this season. On July 31, a single chick was seen in the colony between the 1st and 2nd crossovers and the adults continued incubating until the second chick hatched on August 2. This was the only remaining nest on the beach at the time. Since there were only 2 chicks from a single nest, it was very easy to monitor the tern chicks as closely as plover chicks and they were checked every day. The chicks were last seen on August 6 and there were fox, coyote and crow tracks found within the area the following morning. It is probable that both chicks were taken by a predator. Overall productivity for all colonies was zero for the 2017 nesting season. The largest threats to the colonies on Duxbury Beach this year were the continuous presence of coyote and fox, and the extreme tides that coincided with storms.
American Oystercatchers
A pair of American Oystercatchers was seen with regularity from May 18 through June 5. They were always seen as a pair, never just one. They did not exhibit territorial or nesting behavior while seen on the site. It was presumed that they were not breeding at a different site and were merely foraging on Duxbury, as we would expect to see just one at a time while the other incubated a nest if they had an active nest. Groups of 3 or 4 oystercatchers were seen after June 5 thru June 29 and may have included the initial pair. These birds were always foraging or flying and none displayed any territorial behavior. Fencing was not erected around historic nesting areas. Appendix 1. Piping Plover nest details.
Eggs Date Eggs Eggs Chicks when Date clutch Hatched Cause of Pair Nest # clutch laid hatched fledged clutch completed failed loss found found 01 A 4 0 0 04/24/2017 1 05/01/2017 Failed Unknown 01 B 4 0 0 05/28/2017 4 5/26/2017- Failed Fox 5/27/2017 02 A 4 4 1 04/27/2017 3 04/29/2017 Hatched - 03 A 4 4 2 04/27/2017 1 05/03/2017 Hatched - 04 A 4 0 0 04/27/2017 3 04/28/2017 Failed Unknown 04 B 3 0 0 06/04/2017 1 Unknown Failed Coyote 04 B-cont 1-2 0 0 06/10/2017 1 Unknown Failed Coyote 04 C 4 0 0 06/15/2017 1 06/20/2017 Failed Coyote 05 A 4 2 2 04/23/2017 3 04/29/2017 Hatched - 06 A 4 0 0 04/28/2017 2 05/01/2017 Failed Overwash 06 B 4 0 0 06/03/2017 1 06/08/2017 Failed Fox 07 A 4 0 0 04/28/2017 3 04/30/2017 Failed Overwash 07 B 4 0 0 06/07/2017 2 06/09/2017 Failed Crow 08 A 4 0 0 04/28/2017 1 05/05/2017 Failed Overwash 08 B 3-4 0 0 06/10/2017 1 Unknown Failed Coyote 09 A 4 0 0 05/01/207 1 05/07/201 Failed Unknown 09 B 2 0 0 05/23/2017 1 Unknown Failed Fox 09 B-cont 4 1-4 1 05/28/2017 2 05/31/2017 Hatched Fox* 10 A 4 0 0 05/04/2017 1 05/08/2017 Failed Fox 10 B 1-4 0 0 06/08/2017 Unkn Unknown Failed Skunk 11 A 4 0 0 05/08/2017 2 05/12/2017 Failed Coyote 11 B 4 0 0 06/01/2017 4 5/30/2017- Failed Fox 5/31/2017 12 A 4 0 0 05/08/2017 2 05/12/2017 Failed Coyote 12 B 3 3 1 06/08/2017 1 06/13/2017 Hatched - 13 A 4 3 0 05/08/2017 2 05/12/2017 Hatched - 14 A 3 0 0 05/09/2017 1 05/13/2017 Failed Overwash 14 B 2-3 0 0 06/08/2017 1 Unknown Failed Coyote 14 C 2 0 0 06/26/2017 1 06/28/2017 Failed Fox 15 A 4 0 0 05/10/2017 4 Unknown Failed Overwash 16 A 4 0 0 05/10/2017 2 05/13/2017 Failed Crow* 16 B 4 3 0 06/08/2017 1 06/15/2017 Hatched - 17 A 4 0 0 05/11/2017 4 5/4/2017- Failed Overwash 5/11/2017 17 B 4 0 0 06/07/2017 4 06/07/2017 Failed Coyote 18 A 3-4 0 0 05/18/2017 1 Unknown Failed Overwash 18 B 4 0 0 06/04/2017 2 06/08/2017 Failed Fox 19 A 4 0 0 05/18/2017 3 05/19/2017 Failed Overwash 20 A 4 0 0 05/19/2017 4 5/16/2017- Failed Overwash 5/19/2017 21 A 2 0 0 05/25/2017 2 Unknown Failed Overwash 21 B 4 0 0 05/31/2017 1 06/05/2017 Failed Fox 22 A 4 0 0 06/01/2017 2 06/08/2017 Failed Fox 23 A 4 0 0 06/01/2017 1 06/06/2017 Failed Fox 23 B 3 2 0 06/22/2017 1 06/25/2017 Hatched - 24 A 3 0 0 06/04/2017 3 5/30/2017- Failed Coyote 6/3/2017 25 A 2+ 2+ 2 06/07/2017 Unkn 5/9/2017- Hatched - 5/12/2017 26 A 4 4 2 06/17/2017 1 06/22/2017 Hatched - 27 A 3 0 0 06/22/2017 2 06/23/2017 Failed Fox Appendix 2. Maps. PIPL= Piping Plover. LETE= Least Tern. AMOY= American Oystercatcher.
Per the direction of NHESP, the maps have been removed due to the permitting/public review process. Appendix 3. Selected photos.
Fox tracks surrounding failed Nest 22A.
Overwashed eggs from plover nest 7A.
Fox tracks surrounding failed Nest 23A. Overwashed eggs from plover nest 15A Eggs were found 7 meters from original
nest location. Plover nest 11B was located among seaside goldenrod in the dunes. . Duxbury Beach, Duxbury, MA 2018 Beach Nesting Bird Summary Report
Prepared by Autumn Jorgensen Mass Audubon Coastal Waterbird Program
Photo by Autumn Jorgensen
For further information, please contact:
Katherine Parsons, Director Sue MacCallum, Director Coastal Waterbird Program South Shore Sanctuaries PO Box 275 2000 Main Street Cummaquid, MA 02637 Marshfield, MA 02050 (503) 362-7475 x9351 (781) 837-9400 [email protected] [email protected]
Introduction
Duxbury Beach is a narrow 6 mile barrier beach peninsula, which spans the towns of Duxbury and Plymouth in southeastern Massachusetts. The beach is bordered by a different bay on each water-neighboring side; Cape Cod Bay to the east, Duxbury Bay to the west, and Plymouth Bay to the south. The southern tip of the peninsula, where the communities of Saquish and The Gurnet (in Plymouth) are located, is connected to the mainland in Duxbury by Gurnet Road, which spans the length of the beach. Along the dirt road, 3 vehicle crossovers allow access onto the Oceanside beach for off-road vehicles (ORVs).
The area is owned by Duxbury Beach Reservation, Inc. (DBR) and it is leased to the Town of Duxbury. Duxbury Beach Reservation, Inc. has developed an extensive Beach & Habitat Management Plan, which includes the Endangered Species Monitoring Program. Regulations relating to Duxbury Beach’s use and management, including management of wildlife species of concern, fall under the responsibilities of the Harbormaster Department. Endangered Species Officers (ESOs) are specifically responsible for overseeing these aspects of beach management as outlined in DBR’s Beach & Habitat Management Plan. This plan is currently being reviewed to address the increasing numbers of nesting piping plover and least tern and determine how to best ensure their protection on Duxbury Beach.
Implementation of the program is a collective effort between Duxbury Beach Reservation staff, Duxbury Harbormaster’s ESOs, Mass Audubon’s South Shore Sanctuaries’ Coastal Waterbird Program (CWP) biologist and interns, and chick monitors and their supervisor currently hired through the Harbormaster’s office. All of these roles and positions work in conjunction with one another to protect the Piping Plovers and Least Terns nesting on Duxbury Beach, and regulate human recreational access to the beach. The ESOs provide enforcement of rules that help minimize disruption of nesting birds, manage area closures when necessary, maintain protective fencing and fill an overall critical role in the effort of managing Duxbury Beach. In keeping with the roles outlined in the Roles and Responsibilities document between Mass Audubon and DBR (3/27/08), the CWP staff is responsible for the data collection, monitoring behavior and nesting activity, and making recommendations to minimize disturbance and maximize productivity. Roughly 3 days prior to the expected date of hatch for each Piping Plover nest, the management plan mandates that chick monitors be assigned to keep track of the location and number of chicks in their designated brood. The presence of these chick monitors aids in minimizing human disturbance to the broods and their activities. Daily communication between all parties is vital to ensure success.
During the summer, and particularly on holidays and weekends, the beach is heavily used for human recreation. Annual parking permits and ORV permits are sold to the public by the town. Regulations and subsequent enforcement establish that all vehicles must display either their parking and/or ORV permit in order to access either parking lot or the ORV- designated sections of the front beach. While dogs are permitted on the beach, the dogs and owners are subject to certain restrictions. Dog walkers are required to carry a permit with them, with dogs being leashed at all times, and they are forbidden to disturb wildlife on the beach. The Duxbury Harbormaster department enforces established beach rules outlined in DBR’s Beach & Habitat Management Plan, including restrictions on open fires and regulations pertaining to alcohol consumption.
The dominant substrate on Duxbury Beach varies significantly between the ocean-side beach and the bay-side. The ocean-side beach is mainly made up of a cobble and sand mixture, while the bay side consists of tidal mud flats, salt marsh, upland vegetation, and some patches of cobble/sand. Throughout the last couple of years the beach has undergone significant erosion during winter storms, which have stripped sand from many areas, leaving exposed cobbles behind. The spine of the barrier beach is formed by low-lying restored dunes and natural washovers, both of which are densely vegetated by beach grass, sea rocket, seaside goldenrod, beach rose, beach pea, and poison ivy. Woody shrub vegetation dominates the areas of higher elevation, including High Pines and Plum Hills. The ecosystem provided by this barrier beach is unique and affords considerable breeding, foraging and resting habitat for a number of songbirds, shorebirds and other wildlife such as the federally and state-listed species of the Piping Plover (Charadrius melodus) and Least Terns (Sterna antillarum). Each year, Duxbury Beach provides an important stopover and foraging site for thousands of migratory shorebirds. Monitoring Activity 2018
The Coastal Waterbird Program Biologist began monitoring for Piping Plover and Least Tern activity on March 27, 2018 and continued until September 7. The site was visited 3-4 times per week at the beginning of the season from March till mid-May and increased to 7 days per week shortly before the first chicks were due to hatch. Duxbury Beach ESOs and Monitor Supervisors were present on the beach 7 days per week throughout the season. Once nests were hatching, Mass Audubon staff, Duxbury Beach ESO and Chick Monitor Supervisor began arriving at 6 a.m. to locate potential broods before the crossovers were opened at 8 a.m. Chick monitors also arrived at 6 a.m. and were placed at brood locations. The 6 a.m. start time continued throughout the season until all Piping Plover chicks were confirmed fledged. Each visit included the following for terns and plovers: searching for territorial adults/new nests, monitoring active nests, assessing causes of nest and chick loss, monitoring plover broods, conducting daily adult counts, checking symbolic fencing for needed maintenance or repair, predator presence, and communicating with the ESO on duty.
Piping Plovers
A total of 23 pairs of Piping Plover nested on Duxbury Beach in 2018 with a 24th pair that never nested. This is 4 pairs fewer than last year’s 27 pairs. This decrease is likely due to the 3 major storms in March, which resulted in the ecology of the beach changing significantly, destroying dunes and the front beach, resulting in heavily rocked areas with minimal vegetative cover. At the peak of the hatching season (mid to late June), there were 17 active pairs with a brood of chicks. Six pairs (PIPL 05A, 14A, 15A, 16A, 17A, 17B and 20A) all lost their nests in early June. Four of these pairs (05A, 14A, 15A and 16A) never re-nested. Nest 17A re-nested, but was lost a second time between July 13-14. Two broods were located after hatching (PIPL 21A and 23A) on June 11 and June 27.
Seventeen nests were confirmed on the eastern (ocean) side of Duxbury Beach with two unknown locations from broods found after hatching, three nests were located in the artificial habitats bayside between High Pines and the Third Crossover and one bayside of the Second Crossover. Nesting locations were similar to recent years and spanned the whole length of the beach, with the largest concentration between the First and Second vehicle crossovers. Twelve of the 24 pairs fledged a total of 24 chicks, resulting in an overall productivity of 1.0 fledglings per pair for this site.
Nest Attempts
Piping Plovers were first observed on the beach between the First Crossover and the Northern Poles on the Pedestrian beach on March 29, 2018. The first and second nests (01A and 02A) were located on May 2, both with 1 egg nests and full clutches on May 7. The first chicks were seen on the beach on June 1 with PIPL nests 02A-04A, 06A-13A, 19A and 21A hatching 2-11 days later. The last nest of the season to hatch was PIPL 22A on July 11-12. Chicks reaching 35 days old ranged from July 6 to August 15. Chicks confirmed flying greater than 50 feet ranged from July 3 to August 15. One confirmed nest did not hatch all its eggs; PIPL 07A (1 egg unhatched). For three other nests (PIPL 08A, 12A and 13A), the number of potentially unhatched eggs is unknown as only 1-3 chicks were seen with each brood.
A total of 23 nesting pairs of Piping Plovers made a total of 24 nest attempts in 2018. The total number of fledges per individual pair is as follows:
Fledged Broods:
PIPL 01A- fledged 3 chicks PIPL 02A- fledged 3 chicks PIPL 03A- fledged 2 chicks PIPL 04A- fledged 3 chicks PIPL 05A- nest lost PIPL 06A- fledged 3 chicks PIPL 07A- chicks lost PIPL 08A- chicks lost PIPL 09A- fledged 1 chick PIPL 10A- fledged 1 chick PIPL 11A- fledged 1 chick PIPL 12A- chicks lost PIPL 13A- fledged 1 chick PIPL 14A- nest lost PIPL 15A- nest lost PIPL 16A- nest lost PIPL 17A- nest lost PIPL 17B- nest lost PIPL 18A- fledged 1 chick PIPL 19A- fledged 4 chicks PIPL 20A- nest lost PIPL 21A- chick lost PIPL 22A- fledged 1 chick PIPL 23A- chicks lost
Total number of Fledges: 24 Total number of nesting pairs: 23 nesting pairs Total courting pairs: 24 pairs Productivity: 1.00 fledges per pair
Fledging Guidelines
For the purposes of the Massachusetts state forms for data collection, Piping Plovers are considered fledged at 25 days of age or if they are seen flying at least 50 feet (whichever comes first). For ORV permitted beaches, according state guidelines, Piping Plovers are considered fledged at 35 days. As of March 2015, U.S. Fish and Wildlife Service guidelines state, for the management of ORV beaches, that chicks are considered fledged when they are observed in sustained flight for at least 15 meters regardless of age. Therefore, if fencing is removed and driving is permitted once the 35 day mark is reached but the chicks are not in sustained flight for a minimum of 15 meters, the owner becomes liable if a “take” occurs. In reference to the Duxbury Beach Management Plan (section 5.3.4), restricted areas remain in effect until the ESO and CWP biologist determine the plovers in that area can sustain flight for at least 50 feet. If the chick(s) reach 35 days of age and are not flying at least 50 feet, the DBR representative is notified and will meet on site with the ESO and CWP biologist to determine if the plover(s) are considered fledged. The restricted area(s) remain restricted until a decision has been made. This process only occurred for one brood this season.
Nest Losses
There were less Piping Plover nests losses this year than in 2017. As mentioned above, there were a total of 24 Piping Plover nesting attempts, 7 of which were lost. Three nests were lost to overwash and 4 to depredation.
Overwash losses: Nest 15A and 17A were lost between 6/1-6/5 by overwash after light to heavy rain showers from 6/3- 6/5 with relatively high tides (10.3 and 10.1) coupled with strong easterly winds (7-14mph). In both locations there was a new wrack line well above the nest bowls; 3 meters above 15A and 1.46 meters above 17A. Wrack line and sand covered the nest bowl location, wrack line was searched, and two cracked 17A eggs were located 5 meters away from the nest in the wrack line. Adult males were in both locations when found lost on June 5. Nest 20A was lost between 6/5-6/8 by overwash after light to heavy rain showers overnight from 6/5 and 6/6 with moderately high tides (9.9 and 9.7) and low NW winds. In this particular nesting area the ecology of the beach is relatively flat allowing the tide to come up high on the beach. On 6/8 a new wrack line was discovered 1.82m above nest bowl. One egg, with slight cracks, was still within the nest bowl.
Depredation losses: Nests 05A, 14A, 16A and 17B were all lost due to depredation by Red Fox. All nests were lost over the course of a month and a half from 5/31-7/14. • Nest 05A was lost between 6/8-6/9, two sets of Red Fox tracks approached nest from the south, one set was in line with nest, coming within 6 in of nest bowl, the second set was 1ft east continuing north. Tracks lead up to and circle the nest. No egg shells fragments or yolk found in the area. • Nest 14A was lost between 5/31-6/1 with fox tracks which were roughly two inches in diameter, approaching the nest bowl from the North, and then departed South. Canid tracks had been seen in this area repeatedly within the dune, behind the snow fence and on the beach since early April. A Red Fox highway started from the boardwalk traveling south, passing the nest and continuing to the first crossover throughout the season - with the nest ultimately being lost. Outside the nest bowl small fragments of egg shell were found. • Nest 16A was lost between 6/25-6/26, fox tracks were found at the nest location, approaching the nest from the South. The tracks approached the nest bowl coming within 5 inches and then continued North within the fencing. No pieces of egg shell were found in the proximity, although there was some egg yolk in the nest bowl. • Nest 17B was lost between 7/13-7/14. On July 14th fox tracks were found across the area and around nest bowl. Fox tracks came within 4 inches of the nest bowl, circling it. Exact direction of travel was unknown due to the high activity. An egg shell fragment was found 2ft west of the nest within a fox track at the dune toe. The banded #34 male and female were in the area, the male was very defensive and vocal when biologists were documenting the loss indicating the nest was probably taken earlier that morning.
Brood Movements
Within the first few days after hatching multiple broods continuously crossed Gurnet Road from the Oceanside to Bayside and back. Just south of the Pedestrian Boardwalk, in the northern section of Duxbury Beach, PIPL 03A and 06A crossed from the Oceanside to Bayside. Some broods crossed more frequently than others; PIPL 03A and 06A crossed 1- 2x a day for optimal foraging, until 06A remained bayside until fledging in early July. PIPL 01A, 02A, 19A and 22A were known to cross between the 1st and 2nd crossovers at least 2-3x a day. Once PIPL 18A moved north towards Plum Hills they began crossing; first only 2x a day which increased in mid-July to 3-4x a day. At the 3rd crossover PIPL pairs 10A would cross the back road from the Oceanside to bayside 1-2x a day for optimal foraging and more space as the area was crowded with a LETE colony. PIPL 10A remained on the bayside starting in early July, only rarely crossing to the Oceanside. PIPL pairs 04A and 11A stayed on the bayside for most of the season with occasional crossing to the Oceanside.
Fledging and Chick Loss
Of the possible 55 chicks that hatched from 24 nest attempts, 24 survived to fledge. This season 13 chicks disappeared due to predation by coyote, red fox and herring gull. Five chicks were lost due to exposure, 11 for unknown reasons and 2 on the backroad when crossing. This year, PIPL 21A and 23A broods were found after hatching, with estimated hatch dates of June 7 and June 25 respectively as determined by age of chicks. Based on Mass Audubon documentation of chicks observed, it was determined that chicks lost on the backroad on June 18 and between 7/21-7/23, discovered by the monitor supervisor, were from 11A and 22A broods.
Least Terns
Least Terns were consistently present/active in six areas of Duxbury Beach for 2018; 1) South of Blakeman’s Pavilion; 2) Pedestrian Boardwalk to Northern Poles 3) Between the 1st and 2nd crossover; 4) Between High Pines and 3rd crossover; 5) South of the Southern Poles and; 6) North of Gurnet Guardhouse. Least Terns were first observed on the beach on May 14 foraging on the Pedestrian, Second Crossover, Third Crossover and Gurnet. The first nest laid was observed on 5/29 on the Third Crossover.
The colony south of the pavilion to the Boardwalk had only 3-4 adults from May 1h until June 19 when 25 adults starting to display territorial behavior and started courting. The lower predator activity at this time is likely the reason for the increase of courting Least Terns in this area. On June 25 the first nest was located and by July 3 there were 15 nests. Over the course 2 weeks the number of nests gradually decreased until only 1 remained on July 21, which hatched 2 chicks by July 26. After this point the chicks weren’t seen again. The high loss of nests and the 2 chicks was due to the increased predator activity which started on July 14 and continued until all nested birds were lost. Fox and Coyote tracks were observed daily on the pedestrian beach to the First Crossover including predator highways in front of and behind the snow fencing. The overall productivity for this Least Tern colony is 0.
The colony from the Boardwalk to the Northern Poles took a hit from predation also. Red fox and coyote tracks continued south to the First Crossover. On June 5 there was a single LETE pair foraging and beginning courtship. By June 18, 8 pairs were observed scraping and courting. The high counts remained consistent until July 8 when counts gradually decreased to between 2-4 pairs. Coyote and red fox activity was been present starting early April with a highway in front of and behind the snow fencing. This constant predator activity and highway through the area likely had an impact on the number of Least Terns nesting in this area as well as the delayed courtship. By end of June to early July, the predator highway started to diminish and number of individual tracks lessened, though still observed daily. By June 25 the first nest was laid and on July 2 there were 4 nests. Three weeks later on July 26 no nests remained, as a result of increased red fox, coyote and crow activity from 7/14-7/26. Overall productivity for this Least Tern colony is 0.
The colony between the First and Second Crossover had 17 pairs on June 17 that increased significantly to 56 pairs by June 23. The first 2 nests were located on June 20. From 6/20-7/6 the number of nests increased at an exponential rate going from 2 nests on June 20 to 45 by July 3 with a high of 57 on July 11. The next day, on July 12, the first chick was seen with 9 chicks observed by July 26. Though chicks started hatching during this time, high nest loss occurred from 7/16-7/29 with a total of 44 nests lost. The adult count also decreased during this time going from 77 on July 24 to 24 by August 14. The number of nests loss and decrease of adults is a result of high coyote and fox activity within the fencing starting early April and increasing as Least Tern activity increased. The first 3 fledglings were seen on August 3, with 11 fledglings by August 7. The chick count was 12 by August 6 but numbers decreased quickly - losing 6 chicks by the 16 (6 chicks remaining), with 3 nests as of August 17 with 14 total confirmed fledges. By August 24, 2 chicks were lost from the 6 that remained, with 2 chicks at 2 weeks old and 2 fledges. With the additional 2 fledges this brings the total chicks fledged to 16. The 2 remaining chicks were seen in the same location of the beach every visit from 8/21-8/30. By September 4 1 chick remained (~23 days old) with an adult and 1 fledge. No LETE adults or chicks were seen on September 6, but 1 fledge age chick and adult were observed on 6/7. Though it wasn’t confirmed that both of these last chicks flew, they did reach fledge age giving a total of 18 fledges for this colony. The overall productivity for this Least Tern colony is fair.
The colony between High Pines and the Third Crossover had 28 pairs on May 24 gradually decreasing to 8 pairs by May 29. On May 27 these adults were establishing their territories and beginning to nest. By May 29 the first nest was located. During the census period from 6/5-6/12 nest counts remained constant around 4 and adult counts fluctuated between 32-40 pairs after the 12 as more arrived and starting courting. From 6/30 to 7/17 chick counts remained the same (5-8) while there was an increase in nests to a high of 38 on July 10. Nine days later (July 19) chick counts increased to 24 before decreasing significantly from 7/19-7/26 when 7 nests and 15 chicks were lost due to high coyote and fox activity. The first 3 fledges were seen on July 7 and 11 by July 21 with 10 chicks. By August 1 there were only 2 nests, 4 chicks, and 10 fledges remaining. On August 8, 3 of the 4 chicks fledged with three 20-day old chicks located on 8/13 with a 18-day old chick giving a total of 27 fledges. By August 26 the last chick flew giving a total of 28 fledges. The overall productivity for this Least Tern colony is good. The colony south of the southern poles was located later in the season, on June 5 during the Piping Plover and Least Tern census with only 1 pair. By June 27 there were 3 pairs with 2 nests and a month later, on July 18, there were 7 nests and 10 adults. By July 24 the first 2 chicks were seen with 4 nests remaining. Overnight, additional nests hatched giving a total of 4 chicks with 1 nest remaining. The first fledge was confirmed on July 26 with 7 chicks seen on July 30, still with 1 nest remaining. This location has high rock deposit, 95%, making it really difficult to find chicks that have hatched, accounting for the additional 3 chicks located. By August 16 7 chicks had fledged with 1 remaining that was confirmed fledged on August 24, giving a total of 8 confirmed fledges for the colony and a productivity of fair.
The last colony down at Gurnet had 11 pairs on May 31 with 2 nests by June 5. Nests gradually started to increase from 6/5-7/1 when a total of 14 nests were seen. By July 11 the first 4 chicks were seen and from 7/17-7/24 the adult, chick, and nest count remained at a constant; at approx. 20 adults, 6-8 nests, and 4-7 chicks. The first fledges were located on July 31 with 5. On this date there were still 3 nests, 4 chicks and 18 adults. On August 5 the remaining nests hatched producing 7 chicks, by August 8 there were 3 chicks and 2 fledges giving a total of 9 confirmed fledges. By August 20 it was determined that 1 chick was lost and the last chicks had fledged giving a total of 11 fledges for the colony. The overall productivity of this colony is good.
Overall the total high count of Least Tern pairs for Duxbury this year was 140.8, which has increased from 113 pairs in 2017. The largest threat to the colonies this year was mammalian activity from both Eastern Coyote and Red Fox starting in early April and continuing throughout the season.
American Oystercatchers
A pair of AMOY were seen with regularity from May 18 through June 10 by CWP staff. No AMOY were seen during the Census Window. They were always seen as a pair, never just one. They did not exhibit territorial or nesting behavior while seen on the site. It was presumed that they were not breeding at a different site and merely foraging on Duxbury, as we would expect to see just one at a time while the other incubated a nest if they had been a nesting pair. A group of 3 was seen on June 7 which could have included the initial pair.
Incidental Take
Starting in mid-June going until late July there were 3 instances of incidental take. Two were Piping Plover chicks, 11A and 22A, with the third being a Least Tern hatch year fledge. The first Piping Plover chick, 11A who hatched in the artificial habitats, was lost on June 18 on the third crossover when trying to cross the backroad to the Oceanside. It was clear that the chick had been run over by a vehicle earlier that morning. The chick monitor supervisor located the chick and notified DBR, ESO and Mass Audubon staff. The chick was collected by the ESO to be taken by Natural Heritage at a further date.
The second chick, 22A, was lost on July 23 at the second crossover when trying to cross the backroad to the Oceanside. Monitor supervisor located the chick flattened in the road and notified DBR, ESO and Mass Audubon staff. It was determined that the chick could have been lost 2 days prior on July 21 when it was last seen. Chick was collected by ESO to be collected at a later time by Natural Heritage.
The Least Tern hatch year fledgling was found dead on the backroad at Gurnet on July 21. It was determined by CWP Biologist, Monitor Supervisor and ESO on duty that the fledgling was not from this site and likely flew into a car or was resting in the road before it got run over.
Beach Management
Fencing and Area Closures
Symbolic fencing was erected by the Duxbury Beach Endangered Species Officers and assistants from the Harbormaster office. The initial fencing was installed in all locations by April 4. Additionally, special Speed Limit signs (described under “Sign Types”) were installed on the roads in places where broods could potentially cross between the ocean side and the bay side.
Perpendicular fencing running to the intertidal area on either side of the pairs’ territory was installed 2-3 days before the nests were due to hatch and broods became mobile in order to close the area to ORVs. Restricted area fencing was adjusted in response to chick movements. Chick monitors, supervised by the ESOs and Chick Monitor Supervisors, were placed on either side of these restricted areas to watch chicks and prevent beachgoers from disturbing the broods. Foot traffic was still permitted in the wet sand and along the water’s edge at low tide. If the chicks were foraging at waterline, monitors could escort beachgoers around the brood to assure chick safety.
The closure, or “bump out” areas, were generally well respected by the public when chick monitors were on duty between 6:00am and 8:00pm. On the ORV sections of the beach, ESOs took the responsibility to shift or remove the perpendicular fencing once the PIPL chicks were fledged and no additional unfledged chicks were in the area.
Fence maintenance
Throughout the season, Mass Audubon staff contacted the Duxbury Harbormaster ESOs when fence maintenance was needed (i.e. fencing repair, extensions and additions). Fencing was extended occasionally throughout the season in response to Mass Audubon staff observations of nest locations and birds being disturbed off the nest when a person(s) approached the fence line. The perpendicular fencing extending down to the low tide line that prevented foot and vehicle traffic was shifted based on chick movements.
Additional Restricted Areas
In addition to the areas marked off on the ocean side, areas on the Pedestrian Beach from the First Crossover ramp to the Third Crossover and Plum Hills to Gurnet were also closed off to allow broods to be undisturbed while foraging on the bayside areas. These broods include 03A and 06A on the Oceanside on the pedestrian beach and 01A, 02A, and 22A on Oceanside with 19A bayside of the Second Crossover and 10A Oceanside with 04A and 11A bayside of the Third Crossover and 18A Oceanside at Plum Hills, as well as 13A Oceanside at Gurnet.
Artificial Habitat
In 2014, there were at least four sections of artificial habitat cleared for the Piping Plovers on the bayside area north of the 3rd crossover. The dune was restored near the 3rd crossover with a mix of quarry and natural sand and planted with Ammophila spp (beach grass). Two pairs of Piping Plovers were attracted to this area during the 2014 season, but no pairs nested in 2015. No additional artificial habitat was created in the 2015 season. In early 2016, 3 artificial habitats were created on the bayside between High Pines and the Third Crossover. Two pairs of Piping Plovers nested in the artificial habitat and successfully fledged three chicks. This year two pairs nested in the artificial habitat successfully fledging 4 chicks. The construction of additional artificial habitat should be discussed for future seasons, with all collaborators deciding whether or not it would be necessary (dependent on winter storms). This would encourage additional birds to nest within the designated areas and possibly open up the beach. However, areas appropriate for these artificial habitats are limited. Predators
Predators were present during the 2018 season, most notably eastern coyotes and red fox. Red Fox depredated 4 Piping Plover nests (3 first attempt, 1 second attempt) between the First Crossover and the Main Boardwalk. During 2018 season, DBR approved mammalian predator removal based on the negative impacts on the shorebird population during the 2017 season. Following an early season assessment, lethal predator control was conducted by USDA APHIS. The beach was visited approximately 4x every month during the season with multiple Eastern Coyotes and Red Fox being taken. USDA also set up open top, mock exclosures in inconspicuous areas on the beach baited with laced DRC-1339 chicken eggs to address Crow activity and depredation. Details on visits, removal and exclosures will be available in the USDA report when it arrives.
Observation of predation on PIPL chicks was lower in the 2018 season with 13. However, LETE nests and chicks took a big hit from both the Eastern Coyote and Red Fox losing roughly 70 nests between the Pedestrian Beach and the Third Crossover. Red Fox were seen on 3 occasions; on June 9, June 19 and June 23 on the Pedestrian Beach and First Crossover. It was suspected that all these foxes were coming from the mainland i.e. Marshfield and Powder Point Bridge. Coyote and Fox tracks were seen during every visit; coyote tracks scaled the length of the beach within and outside of the protective and snow fencing, while the Fox tracks primarily remained in the northern sections from the Pedestrian to the Second Crossover. Four nest losses from four broods were caused by Red Fox- 05A, 14A, 16A and 17B. Common Grackles were observed throughout the season and Crow by the end of the season, but there were no confirmed losses by avian species.
Predator control this year proved to be effective, this management should continue for future years. In addition, we recommend that mammalian predator removal decisions continue to be executed during winter/early spring before the predators have offspring.
Exclosures
No Piping Plover nest exclosures were used in 2018 on Duxbury Beach, a decision made by the CWP biologist, CWP supervisory staff, and DBR in cooperation with state Natural Heritage & Endangered Species Program staff.
Chick Monitors
There were three mandatory trainings provided for all hired monitors. Unlike previous seasons, the training session was divided into two separate parts, A and B. These training sessions occurred over 2 days from 12- 4pm or 4-8pm. CWP Biologist, Chick Monitor Supervisors, ESOs and DBR were present for all trainings. CWP Biologist was responsible for the biology and life history on Piping Plovers and Least Terns, with the ESOs and Monitor Supervisors discussed the fencing, monitor duties and maintenance of equipment.
Chick monitors were hired by the Duxbury Harbormaster’s office and supervised by the ESOs, Assistant ESOs, and two Chick Monitor Supervisor. A chick monitor was assigned to every brood, with road crossing broods having two monitors (beach and road). Most of the broods hatched in early June before many of the hired chick monitors were out of school. Additionally, broods crossed the backroad in unexpected areas on Gurnet Road to forage on the bay side. In response to these changes, chick monitors assigned to broods were placed on Gurnet Road to watch for broods and stop traffic when needed. For unhatched nests and foraging broods, monitors were put on either end of the perpendicular Restricted Area sections of the beach with the primary responsibility of preventing beachgoers from entering the areas during restricted times (high tide) and keeping dogs and bike riders out of the area.
Chick monitor presence on the road as well as on the beach was low early in the season since many chick monitors were still in school. This resulted in some chick monitors being responsible for 2 broods. Chick monitor presence became adequate once school was out with most chick monitors having good work ethic and being reliable in locating the broods, as they were held to a higher standard. The chick monitor program did outstanding in comparison to last few years. Many of last season’s issues were addressed and improvements were obvious. This success was a result of the collaborative work between the Chick Monitor Supervisors, Duxbury ESOs, Duxbury Beach Reservation, and Mass Audubon.
We recommend that reaching out to college students interested in the wildlife or environmental field for the chick monitor positions be continued. In future seasons, a mandatory in-field training sessions for all chick monitors should be conducted during the field season; these training sessions would provide in-field reinforcement of appropriate protocols and allow the CWP Biologist and ESOs to address common issues on the beach as well as the appropriate way to locate chicks.
Cooperation
The working relationship between the DBR, CWP Biologist and ESOs continues to be cooperative and positive. Communication between Mass Audubon staff and the ESOs was positive, frequent and open. The four parties (Mass Audubon, Duxbury ESO, Chick Monitor Supervisors and Duxbury Beach Reservation) would communicate every morning around 6 a.m. regarding the monitoring plan for brood searching which was set the evening prior by the CWP Biologist. Throughout most of the season the Second Crossover was closed due to Piping Plover and Least Tern activity, however none of the Crossovers were opened until all broods were located. Because of this team effort, every brood was located and incubating nest monitored 7 days per week. In addition, the frequency of brood and nest checks narrowed the window between visits, improving data quality when chicks or nests were lost.
Mass Audubon staff and ESOs worked cooperatively and effectively when broods began to fledge and beach re-openings were planned. The ESO and CWP Biologist spoke frequently during this time, discussing and agreeing on dates and areas to be opened before any action was taken by the ESO staff. The ESO staff was also very responsive to Least Tern activity; adjusting fencing and keeping areas closed where tern activity was still present, as reported by CWP Biologist, until the last chicks fledged from each location.
Massachusetts Habitat Conservation Plan for Piping Plover Duxbury Beach 2019 Summary Report
Prepared for submission to: Massachusetts Division of Fisheries & Wildlife Natural Heritage & Endangered Species Program 1 Rabbit Hill Road Westborough, MA 01581
Prepared by: Duxbury Beach Reservation, Inc. P.O. Box 2593 Duxbury, MA 02331
October 2019 Contents 1.0 Protected Species Activity ...... 1 1.1 Piping Plover Nesting ...... 1 1.2 Other State-Listed Species ...... 2 2.0 Implementation of Covered Activities ...... 3 2.1 Initiation of Covered Activities ...... 4 2.2 Emergency Requests for COI and CMP Amendments ...... 7 2.2.1 Emergency Request for Additional Take Exposure for Piping Plovers ...... 7 2.2.2 Emergency Request for CMP Amendment for Inclusion of Least Terns ...... 9 2.3 Disturbance and Mortality Associated with Covered Activities ...... 10 2.3.1 Mortality Associated with Covered Activities ...... 11 3.0 Impact Minimization ...... 12 3.1 Responsible Staff ...... 12 3.2 Impact Minimization Measures ...... 14 3.2.1 Signage ...... 15 3.2.2 Managing Traffic ...... 15 3.2.3 Training ...... 16 3.2.4 Piping Plover Brood Monitoring ...... 17 4.0 Beach Management ...... 19 4.1 Law Enforcement ...... 19 4.2 Listed Species Monitoring and Management ...... 20 4.2.1 Fencing and Signage Management ...... 21 4.2.2 Duxbury Beach Protected Species Monitoring Program ...... 22 5.0 Mitigation Plan ...... 23 5.1 Selective Predator Management Plan ...... 23 5.1.2 Communication and Monitoring ...... 23 5.1.3 Program Effectiveness ...... 23 5.1.3 Communication and Monitoring ...... 24 5.2 Education and Nesting Habitat Maintenance ...... 25 5.2.1 Education Efforts ...... 25 5.2.2 Nesting Habitat Maintenance ...... 25 6.0 Recreational Benefits ...... 26 Appendix 1. Duxbury Beach Maps ...... 28 Appendix 2. Duxbury Beach Datasheets ...... 33
Introduction and Overview
In March of 2018, Duxbury Beach Reservation submitted a request for a Certificate of Inclusion (COI) in the statewide Habitat Conservation Plan (HCP) for Piping Plover for the 2018-2020 nesting seasons on Duxbury Beach. The Massachusetts Division of Fisheries & Wildlife (MADFW) Natural Heritage & Endangered Species Program (NHESP) and the U.S. Fish & Wildlife Service (USFWS) issued a three-year Certificate of Inclusion to Duxbury Beach Reservation under the statewide HCP. In 2019 (year two), Duxbury Beach was eligible to expose 8 broods (30% of the 24 onsite breeding pairs based on 2018 plover census). Beginning June 28, 2019, the Reservation was eligible to expose 11 Piping Plover broods to potential impact following approval by USFWS of an amendment to the HCP. Approval of an emergency request for an amended COI by MADFW on July 10, 2019, increased the Reservation’s exposure limit for 2019 to 19 broods.
The permit includes one covered activity: Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks. For the 2019 season, the Reservation requested an emergency amendment to its Conservation & Management Permit (CMP) to expose 25 pairs of Least Terns to potential impact from Use of Roads and Parking Lots in the Vicinity of Unfledged Least Tern Chicks.
The area covered is the length of Gurnet Road from the north edge of the property (Lagerstedt Lot/Northern Lot) to the Gurnet Guardhouse in the south covering 6.4 kilometers (4 miles) of improved gravel roadway. Mitigation was in the form of self-funding to implement selective predator management on-site as well as increased education and continued maintenance of Piping Plover nest habitat on the bayside of Duxbury Beach. In addition, the Reservation maintained the extensive monitoring, management, and law enforcement currently in place as part of the Duxbury Beach Endangered Species Program.
1.0 Protected Species Activity
1.1 Piping Plover Nesting
Piping Plover Abundance and Productivity
Historically, less than 20 Piping Plover (Charadrius melodus) pairs have nested on Duxbury Beach. However, beginning in 2014, the number of nesting pairs has ranged from 23 to 28. In 2019, 28 pairs of plovers attempted to nest on Duxbury Beach, fledging 46 chicks, for a productivity of 1.64 chicks fledged/pair. Thirty-eight nests were laid, with 28 being first attempts and ten B nests. Fifty-eight percent of nests hatched this season and of these, 81.8% fledged at least one chick. The information submitted by Mass Audubon via PIPLODES provides an in depth look at the nesting activity this season (Attachment A).
On the oceanside beach, Piping Plover nesting extended from the northern end of Duxbury Beach Park to north of the Gurnet Guardhouse. On bayside nesting ranged from the northern replicated habitat to the southern replicated habitat. Maps of nesting activity were provided to Natural Heritage and Endangered Species Program (NHESP) by Mass Audubon (Appendix A).
Duxbury Beach Reservation, Inc. 1 | P a g e
Table 1-1. Piping Plover census information 2017 through 2019. Index Total Productivity (chicks Year Count Count Chicks fledged fledged/pair) 2017 25 28 11 0.39 2018 24 24 24 1.00 2019 22 28 46 1.64
Piping Plover Egg and Chick Loss
The primary causes of egg loss on Duxbury Beach in 2019 were overwash and abandonment. In 2019, 16 nests were lost prior to hatching, six due to overwash, six due to abandonment and four to suspected canid predation. In addition, six eggs failed to hatch from five clutches. Chick loss, while more difficult to identify, was likely due primarily to weather and predation. Complete egg and chick loss information was submitted by Mass Audubon via PIPLODES (Attachment A).
Table 1-2. Piping Plover egg and chick loss information 2019. Total eggs laid: 138; total chicks hatched: 78.
Suspected Cause of Loss Egg Loss Chick Loss
Predation (Likely or Suspected) 15 14
Overwash 23 -
Exposure - 5
Human-related - 3
Failure to hatch 6 -
Unknown - 10
Abandonment 16 -
1.2 Other State-Listed Species
In addition to Piping Plover, state-listed Least Tern (Sternula antillarum) nest on Duxbury Beach from May to August each year. In 2019, 129 (A-count, B-count of 159) pairs of Least Terns nested in five areas on Duxbury Beach. Productivity estimates ranged from Fair to Excellent with a total of 134 fledglings.
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Table 1-3 Least Tern abundance and productivity 2019. Productivity Colony A-count B-count Estimate Fledglings Pedestrian Beach 5 4 Good 4 North Poles 8 34 Excellent 42 OSV 38 83 Fair 52 Third Crossover 68 20 Good 21 Gurnet 10 18 Fair 15
The primary cause of Least Tern egg and chick loss in 2019 was predation by coyote, red fox, and peregrine falcon. Information regarding evidence of egg and chick loss for Least Terns is included in monitoring and predator observation spreadsheets (Attachments G and I).
2.0 Implementation of Covered Activities
Duxbury Beach Reservation requested to implement the Covered Activity, “Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks” under the Massachusetts Habitat Conservation Plan (HCP). Review of the past three years of Piping Plover activity on Duxbury Beach indicated that up to 11 Piping Plover broods (estimated 41 percent of the 27 onsite breeding pairs based on 2017 plover census) may be impacted. However, the Reservation recognized that prior to approval of an amendment to the HCP by USFWS, coverage was limited to up to 8 broods (29.6% of the 27 onsite breeding pairs based on 2017 plover census) on Duxbury Beach. Twelve plover broods were impacted in 2018, a historical high for Duxbury Beach. In 2019, 12 broods crossed or attempted to cross the back or enter parking lots on Duxbury Beach. However, based on chick locations and necessary closures to parts of the OSV portion of the beach, the Reservation implemented a plan to limit all recreational traffic on certain parts of the site, thereby avoiding exposure of five of the 12 crossing broods. Therefore, in 2019, use of roads and parking lots in the vicinity of unfledged Piping Plover broods impacts 7 broods on Duxbury Beach.
The Reservation included a provision in its request for a COI that the number of impacted broods would be increased to 11 if the U.S. Fish and Wildlife Service approved an amendment to the Piping Plover Habitat Conservation Plan to increase the take exposure limit. This amendment went into effect June 28, 2019. Following the amendment to the statewide HCP to increase the take exposure limit to a maximum of 75% of pairs at up to eight sites, the Reservation submitted an Emergency Request for COI Modification. The request to increase the take exposure limit on Duxbury Beach to 19 broods was approved on July 10, 2019 for the 2019 season.
The area affected was the length of Gurnet Road from the north edge of the property (Lagerstedt Lot) to the Gurnet Guardhouse in the south covering 6.4 kilometers (4 miles) of improved gravel roadway. Since Gurnet Road provides court-protected access for residents and visitors to Gurnet- Saquish, the road can only be closed temporarily to allow the crossing of listed species. Not all broods cross the road during the nesting season however each season there are crossing events. Some broods were frequent or daily crossers, whereas others crossed once during the season (Table 2-1).
Gurnet Road is an improved gravel road that provides the only access to 248 private residences in the Town of Plymouth, of which six residences are occupied throughout the year. In addition, the Town of Duxbury has a mutual aid agreement with the Town of Plymouth to respond to fire, police, and other emergency calls utilizing
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Gurnet Road for access to assist property owners and their guests. Gurnet Road also provides access to recreational areas. Under the covered activity, the Reservation provided unrestricted access for essential and non-essential vehicles.
2.1 Initiation of Covered Activities In 2019, the first instance of brood use of the back road occurred on May 28 when brood 1A crossed the road from oceanside to bayside between the Resident Parking Lot and Duxbury Beach Park. The Natural Heritage and Endangered Species Program was notified of the earliest estimated hatch date and proposed beginning of 0600- 2000 hr monitoring coverage on May 21 (2 days prior to the earliest estimated hatch date of May 23) via email on May 1, 2019 as it was not known when crossing activity would begin. Initiation of intensive monitoring in preparation of potential road crossings began three days prior to each estimated hatching (Table 2-2). Intensive monitoring ended at least three days after the brood was last seen in cases of loss. For crossing broods to be considered fledged and intensive monitoring to end, all chicks had to be seen flying across the road (at suitable height to avoid vehicles, distance >50 ft). In the case of non-crossing broods, the brood was considered fledged after all chicks were observed in sustained flight >50 ft. A total of 12 broods crossed or attempted to cross the back road at least once during 2019. A summary of brood and crossing locations can be found in Table 2-1 and Appendix 1. This chart was updated weekly during the nesting season to track crossing activity and brood status and emailed to MADFW (Attachment C). The number of broods that crossed this season was equal to that of 2018. Prior to 2018, the maximum recorded number of crossing broods has been 11. In 2019 there were several instances of delayed crossing activity – broods would cross for the first time when the chicks were over one or two weeks old. There were also several instances of broods spending prolonged periods of time in the road. In addition, historically there has not been frequent crossing activity by broods at the replicated habitats or near the south end of the beach (Plum Hill and Gurnet). However, both the 2018 and 2019 seasons saw broods at the replicated habitats cross occasionally and two of the four broods at the south end of the beach crossed.
Table 2-1 Piping Plover road crossing activity during 2019. Red font denotes brood was lost prior to fledging. Pavilion to Resident Guardhous 1st to 2nd 2nd High Pines 3rd Plum Hills North end Lot to e to 1st Crossover Crossov to 3rd Crossov to Gurnet of Guardho Crossover er to Crossover er to Resident use High Plum Lot Pines Hills Crossing 1A- 2A-once 5A-once 12B- Broods ocassional 3A- 5B-Daily occasional 13A- 16B-Daily occasional 19A- 21A- occasional 7A- occasional occasional 15B-once occasional Non- 06B, 8A, crossing 14A 17A, 18A 11A, 24A 9B, 20A 10B Broods
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Table 2-2 Piping Plover hatch and fledge dates during 2019 and the number of chicks fledged per brood. Broods in bold are those that crossed or attempted to cross the road/parking lots. Brood Hatch Date/Date Found* Fledge Date/Date Last Seen # Chicks Fledged Crossing Brood Exposed to Recreational Traffic (Y/N)
01A 5/25/2019 6/24/2019 2 Y
02A 5/28/2019 6/2/2019 0 Y
03A 5/27/2019 6/28/2019 3 Y
05A 6/1/2019 6/9/2019 0 N
05B 7/18/2019 9/4/2019 1 Y
06B 6/23/2019 7/22/2019 4 -
07A 6/1/2019 6/30/2019 2 Y
08A 5/29/2019 6/28/2019 4 -
09B 6/23/2019 7/22/2019 3 -
10B 6/26/2019 7/27/2019 3 -
11A 6/8/2019 7/1/2019 2 -
12B 6/23/2019 7/22/2019 1 N
13A 6/3/2019 7/5/2019 3 Y
14A 6/12/2019 7/19/2019 2 -
15B 7/14/2019 8/4/2019 3 Y
16B 6/26/2019 7/26/2019 3 N
17A 7/9/2019 7/1/2019 4 -
18A 6/12/2019 7/9/2019 3 -
19A 6/12/2019 7/11/2019 1 N
20A 6/18/2019 7/17/2019 0 -
21A 6/22/2019 7/25/2019 2 N
24A 6/27/2019 6/30/2019 0 -
*Initiation of intensive monitoring for broods began 3 days prior to estimated hatch date.
Road Crossing Data
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Road crossing data was collected during each crossing event by the Shorebird Monitor assigned to the roadside for the brood in updated datasheets (Appendix 2). Complete crossing activity for 2019 can be found in Attachment D “Road Crossing Data 2019”, a summary of crossing activity by each crossing brood can be found in Table 2-3. Crossing occurrences were frequent in 2019, oftentimes with multiple crossings occurring at once. In addition, some broods crossed multiple times per day and in some cases the brood split between bayside and oceanside. Not all chicks from a brood crossed the road, see Table 2-4 for number of chicks that crossed. Maximum crossings per day: 7 crossings (includes portions of broods and full broods) during the week of 6/3/2019 Average crossings per day: 1-2 crossings Minimum length of time for crossing: Less than one minute. Time was recorded from when chicks crested the dune through when the brood was past the high tide line on the bayside (or vice versa depending on the direction of travel). Maximum length of time for crossing: 3.25 hours: This was due to a brood foraging and loafing in the road. This event resulted in the creation of a brood “herding” protocol. Average length of time for crossing: 29 minutes Maximum crossings for one brood in one day: 6 crossings Total crossings for the season: 98 crossings Despite the occurrence of 98 crossings, this was a large decrease in crossing activity compared to 2018 during which 288 crossing events occurred. However, the average length of time per crossing increased from 10 minutes in 2018 to 29 minutes in 2019. It is not known what caused the decreased number of crossings in 2018, particularly considering dune nourishment between the 1st and 2nd vehicle crossovers that appeared to increase suitable crossing habitat. Despite this change in habitat, broods between the vehicle crossovers crossed less in 2019 than 2018. This may have been due to an increase in forage availability on oceanside in 2019 or a decrease in habitat suitability on bayside. Table 2-3 Piping Plover crossing activity per brood in 2019. Brood First Crossing Date Last Crossing Date Days with Crossings Total Crossings
1A 5/28/2019 6/4/2019 3 3
2A 5/31/2019 5/31/2019 1 1
3A 5/30/2019 6/6/2019 3 4
5A 6/9/2019 6/9/2019 1 1
5B 8/12/2019 8/20/2019 15 21
7A 6/3/2019 6/29/2019 6 19
12B 7/11/2019 7/14/2019 2 2
13A 6/7/2019 6/14/2019 2 2
15B 7/15/2019 7/16/2019 1 1
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16B 7/1/2019 7/27/2019 20 32
19A 6/26/2019 7/8/2019 6 6
21A 7/6/2019 7/21/2019 6 7
Table 2-4 Approximate age of Piping Plover chicks at time of first road crossing in 2019.
Brood Age at First Crossing (# Days) # Chicks at First Crossing Total # Crossing Chicks
1A 3 3 3
2A 3 4 4
3A 3 4 4
5A 8 1 1
5B 25 2 2
7A 2 4 4
12B 18 1 1
13A 4 4 4
15B 1 3 3
16B 5 3 3
19A 14 2 2
21A 14 4 4
2.2 Emergency Requests for COI and CMP Amendments
2.2.1 Emergency Request for Additional Take Exposure for Piping Plovers
On June 28, 2019, the Reservation submitted a request for emergency amendment to its COI to increase the take exposure allowed on Duxbury Beach to 75% (Attachment Q). Duxbury Beach Reservation’s emergency request was approved by Mass Fish and Wildlife on July 10, 2019. The average pair number on Duxbury Beach over the past three seasons (2016-2018) is 25 pairs. The increase to the take exposure limit allowed up to 18.75 (19) pairs to be impacted by covered activities during the 2019 season.
The additional take exposure was used to implement the covered activity Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks as described in the Duxbury Beach Reservation’s Certificate of Inclusion issued in 2018. In order to minimize risk to broods, the Reservation requested permission to erect barriers and to manage traffic (herd chicks out for roadways or parking lots) per the impact minimization measures outlined in the HCP under section 3.2.1 for the Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks (HCP pg. 3-4, 3-5) (Attachments O and P) .
Implementation of Barriers
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Due to the locations of nesting activity in 2019, the use of barriers was discussed on two occasions. Neither barrier was implemented. The first barrier was proposed for the west side of the dune along the paved parking lot at Duxbury Beach Park (north of the Blakeman’s building). Nest 15A was located on the oceanside beach adjacent to the parking lot. A barrier was proposed to prevent the brood from attempting to cross the paved parking lot, roadway, and dirt parking lot to the bayside. The bayside in this area does not offer suitable foraging habitat for Piping Plover chicks as it is salt marsh. However, the nest was abandoned prior to implementing the barrier (May 18) and the pair did not attempt a second nest in the area.
A second barrier was proposed for the pedestrian access path immediately east of the Powder Point Bridge abutting Duxbury Beach. Brood 10B spent time on the busy pedestrian beach and there was concern that despite monitoring, the brood could be pushed into the paved roadway/vehicle entrance area. The brood would need to travel on the roadway or through the parking lots north or south in order to access bayside habitat. However, in order to maintain the pathway as a handicapped accessible entrance, it was determined that non-active herding would be implemented instead of a barrier (Attachment P). Herding was unnecessary as the brood moved south.
Implementation of Herding
In 2019 a new phenomenon was observed on Duxbury Beach. Historically, brood crossings of the back road have been relatively brief, with broods occasionally needing to travel north or south along the road for periods of time to find suitable access through the oceanside or bayside vegetation to the beach. However, in 2019, broods were observed brooding, foraging, and resting in the road for prolonged periods of time without attempting to cross. It was noted on several occasions that these instances of non-crossing use of the road coincided with periods of high wind. Therefore, it is possible that the broods viewed the road as an interdune space in which to take refuge during high winds or from predators. The Reservation received permission to herd broods off the roadway according to a schedule and protocol on several occasions (Table 2-5). Herding was included in the emergency request for an amended COI for the 2019 season, approved by MADFW on July 10 (Attachments Q and P).
The first instance of prolonged crossing occurred on June 5 between the 1st and 2nd crossovers by brood 07A. The road was closed while the brood remained in the road on June 5 from 06:15 – 09:30, 09:53 – 11:03, 12:00 – 14:07, and 18:45-19:30 hrs and again on June 6 from 06:00-07:15, 09:00-10:45, 11:20-12:40, 13:40-14:00, 15:15- 15:58, 16:18-16:33, 18:56-20:00. The brood was in the same spot each time, at a location about 30 yards (27.4 meters) north of 42.03648, -70.3339. Based on extensive discussions with MADFW and USFWS, the Reservation received permission to implement a one-time herding of the brood on the evening of June 5 to keep the brood off the road while monitors were not present 20:00-06:00. This was unsuccessful and on the morning of June 6 a chick was found run over by a vehicle and an adult was injured, presumably from a vehicle strike. The Reservation received to permission to herd the brood and escort vehicles according to a set schedule if the brood was in the road. However, herding was not necessary for the brood following permission.
On June 9, the Reservation received permission from MADFW to herd brood 5A out of the roadway after the brood spent a prolonged period of time traveling north and south along the road near the replicated habitats without crossing over to the oceanside. The remaining chick was lost following herding and so herding was not implemented again for this brood. On June 30, brood 19A also spent time in the road in the same area. The Reservation received permission to herd the brood out of the roadway.
The fourth instance of prolonged use of the road without crossing occurred south of the replicated habitats by brood 21A. The brood remained on the bayside from July 6 – July 16. Following a prolonged crossing on July 17, the brood spent lengthy periods of time in the road on July 17-21. The Reservation implemented the herding
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protocol approved in the emergency amendment (Attachment P). Despite efforts to protect the chicks while in the roadway, two chicks were found run over by a vehicle upon arriving for the first monitoring shift at 06:00 on July 21.
Table 2-5 Implementation of active herding by monitors on Duxbury Beach in 2019. All herding done with permission from MADFW.
Start Time in End Time Date Road in Road Brood Comments 6/5/2019 18:45 19:30 7A chick herded to bayside, lost to grackle 6/9/2019 16:20 18:11 5A predation following herding 6/30/2019 9:55 10:55 19A Adult immediately returned to road and 7/18/2019 10:00 11:03 21A began peeping 7/20/2019 6:23 7:06 21A 7/21/2019 6:30 7:04 21A
2.2.2 Emergency Request for CMP Amendment for Inclusion of Least Terns
On June 28, the Reservation requested an emergency amendment to its CMP to allow exposure of up to 25 pairs of Least Terns on Duxbury Beach. The average pair number on Duxbury Beach over the past three seasons (2016-2018) is 166 pairs. The take exposure for Least Terns was used to implement the covered activity Use of Roads and Parking Lots in the Vicinity of Unfledged Least Tern Chicks to allow use of the 1st and 2nd crossovers in accordance with procedures outlined in Attachments N and S. The request was approved by MADFW on June 28 for the 1st crossover and July 10 for the 2nd crossover. The take exposure allowed up to 15% of pairs to be impacted by covered activities during the 2019 season.
The procedure outlined was two part – the first included intensive monitoring and herding of Least Tern chicks within 100 yards of the crossovers and the second involved escorting vehicles past Least Tern chicks on the OSV beach. Based on other restrictions on use of the OSV beach due to Piping Plover activity, there were no instances of escorting or driving of vehicles past unfledged Least Tern chicks.
The Reservation employed intensive monitoring of Least Tern nests and chicks near the crossovers from June 28- June 30 and July 29-August 25 (1st crossover) and August 16-August 22 (2nd crossover) (Table 2-6). Herding was to be employed should any chicks come within 50 feet of the crossover. This was not necessary as no chicks came within 50 feet of either crossover. There were no chicks within 100 yards of the 1st crossover from July 29- August 25.
One chick was observed within 100 yards of the 1st crossover between June 28 and June 30 (crossover closed July 1 and intensive monitoring for Least Tern chicks ceased) and so counted as one Least Tern pair exposed to potential impact. A maximum of seven unfledged Least Tern chicks were observed within 100 yards of the 2nd crossover between August 16 and August 22. Based on the age classes of the chicks observed each day, it appeared that the maximum of seven chicks observed captures the number of potential pairs exposed to take during this time period. There were no new 1-5 day age class chicks and based on the advancement of age classes and similar number of chicks it appears that the individual chicks within the 100 yard area remained
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consistent, with no new chicks moving in. Therefore, we estimated that a maximum of 8 pairs of Least Tern were exposed to take over the course of the season. This assumed that each chick was from a distinct nest as it was not possible to track movement and survival of brood mates.
Table 2-6. Unfledged Least Tern chicks observed within 100 yards of an open OSV crossover in 2019. # LETE incubating # LETE Chicks Date Time Start Time Off Crossover within 100 yds within 100 yds 6/28/2019 8:00 20:00 1XO 5 1 6/29/2019 6:00 20:00 1XO 5 1 6/30/2019 6:00 20:00 1XO 5 1 8/16/2019 6:20 13:15 2XO 0 4 8/16/2019 13:00 20:00 2XO 0 6 8/17/2019 6:20 13:15 2XO 0 5 8/17/2019 12:30 20:00 2XO 0 1 8/18/2019 6:00 13:15 2XO 0 7 8/18/2019 12:30 20:00 2XO 0 5 8/19/2019 6:00 13:00 2XO 0 0 8/19/2019 12:30 20:00 2XO 0 0 8/20/2019 6:20 13:30 2XO 0 5 8/20/2019 13:00 20:00 2XO 0 0 8/21/2019 6:30 13:15 2XO 0 3 8/21/2019 12:30 20:00 2XO 0 0 8/22/2019 6:20 13:15 2XO 0 0 8/22/2019 13:00 20:00 2XO 0 0
2.3 Disturbance and Mortality Associated with Covered Activities When compared to crossing broods, non-crossing broods in 2019 had a higher productivity rate (Table 2-7). This is the opposite of what occurred in 2018. Ten broods did not attempt any crossings and one brood attempted a crossing but was unable to cross successfully due to the thick dune vegetation on the eastern side of the road. Following protocols approved by MADFW, the brood was herded back to the bayside of the road by the shorebird monitors (Brood 5A). Of these 11 non-crossing broods, eight successfully fledged at least one chick. The two non-crossing broods that did not successfully fledge any chicks were Broods 20A and 24A. All four chicks from 24A were lost to confirmed or suspected common grackle predation within the first week of hatching. Brood 20A also lost at least one chick to grackle predation, with the last chick being lost to exposure at 29 days of age. Brood 5A, which unsuccessfully attempted to cross, did not fledge chicks. As in 2018, broods ranged extensively on the oceanside beach, potentially to locate a suitable crossing location. In 2019, four broods ranged extensively on the oceanside beach. Three of these broods, 12B, 16B, and 21A, did cross the road. Brood 21A traveled the farthest, ranging from south of Plum Hills, an area on oceanside that is vegetated with mature red cedar, to north of the replicated habitats on bayside. The brood initially crossed from oceanside to bayside between the South Poles and Plum Hills. The three broods fledged six chicks collectively.
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Table 2-7 Comparison chart of productivity for crossing vs non-crossing broods on Duxbury Beach in 2019.
# Fledged Chicks # Broods Productivity
Crossing 21 12 1.75 Broods
Non-Crossing 25 10 2.50 Broods
2.3.1 Mortality Associated with Covered Activities Despite extensive monitoring of broods there were three instances of Piping Plover chick mortality and one instance of Piping Plover adult injury due to vehicles on the back road in 2019. Beginning June 5, brood 7A was observed brooding, foraging, and resting in the roadway for prolonged periods of time between the 1st and 2nd OSV crossovers. The roadway was closed to recreational vehicles south of the 1st crossover and the Reservation received permission from MADFW and USFWS to implement herding according to a specific protocol and schedule. On the morning of June 6, arriving Endangered Species Program staff observed a deceased chick in the roadway. At 0930, the ESO observed one of the adults of brood 07A on the bayside, apparently injured and not moving well. The Reservation notified NHESP and USFWS who recommended capturing and transporting the adult to a wildlife clinic. Capture was attempted; however, the adult was able to fly and was not captured. The injured adult remained under observation by monitors throughout the day and subsequent days. Duxbury Beach Reservation submitted an incident report detailing the event to MADFW and USFWS.
The second instance of chick mortality due to a vehicle in 2019 occurred the morning of July 21. After receiving brood assignments at 0600 hr, the shorebird monitors headed out to their locations. One of the monitors, heading down to Gurnet, came across brood 21A in the road 360m south of Crossover 3. A second monitor stopped 20m north of the first monitor and found two deceased Piping Plover chicks on the eastern side of the road. The chicks appeared to have been hit prior to 0600 hr by a north bound vehicle and were most likely hit by the same vehicle based on distance. Duxbury Beach Reservation submitted an incident report detailing the crossing events and chick discovery to MADFW and USFWS on July 24. In addition, three Piping Plovers chicks from Duxbury Beach were found sick or injured on the beach this summer and brought to a rehabilitation center. Two of the birds, one from Brood 03A and one from 12B, were confirmed fledged before their injuries were observed. In both instances, the fledglings were observed on the beach as lethargic with a slightly droopy wing. Following discussion with MADFW, both birds were captured and brought to rehab but died in captivity before making a recovery. The third instance was an unfledged chick (>25 days old, no flight observed) from Brood 5B. The chick was very underdeveloped and was observed to be lethargic throughout the day of August 15. In the evening it was observed being attacked by a gull by a monitor and Reservation staff. The chick survived the attack and was brought to rehab following discussion with MADFW. Upon admission it was noted that the chick was not seriously injured, but its weight was extremely low (12g). The decision was made to keep it in captivity until it reached 25g and then release it back on Duxbury
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Beach. The chick was released approximately 2 weeks after the incident, but eventually died due to exposure a few days after the release. Following each incident, the Reservation, Beach Operations Department, and Mass Audubon assessed current protection and management to determine how future risk could be mitigated. Actions taken in 2019 following incidents included creation and distribution of new protocols for difficult crossing events and further training and reminders to Shorebird Monitors regarding frequency of brood observations.
3.0 Impact Minimization
3.1 Responsible Staff
During the 2019 season, the Reservation worked with two essential partners to implement the Endangered Species program: The Town of Duxbury Police Department Beach Operations Division and the Mass Audubon Coastal Waterbird Program. The roles and responsibilities of each in 2019 are outlined below:
1. Duxbury Beach Reservation
a. Executive Director, Cris Luttazi
Ms. Luttazi is the chief operating officer and controller of the corporation and reports to the Reservation’s President and the Board of Directors. Included in the duties and responsibilities of the Executive Director are leadership and management of the Reservation, inclusive of the Endangered Species Program.
b. Reservation Coordinator, Brynna McGlathery
Ms. McGlathery is responsible for the oversight of all facets of the Endangered Species Program on Duxbury Beach, coordinating the efforts of the Mass Audubon Coastal Waterbird Program and the Town of Duxbury Endangered Species Program. Ms. McGlathery is responsible for reporting to the Duxbury Conservation Commission as it relates to beach operations under Order SE 18-1198.
2. Town of Duxbury Beach Operations Department
The Endangered Species Program has full-time and seasonal staff that were responsible for supporting and upholding the rules and regulations of the Duxbury Beach Endangered Species Program.
a. Police Chief, Matthew Clancy & Stephen McDonald (post 7/1/2019)
Chief Clancy oversaw the transition of the Endangered Species Program and beach operations from the Harbormaster Department to the Duxbury Police Department. Chief Clancy retired at the end of June 2019 and was replaced by the Deputy Chief, Stephen McDonald. b. Operations Officer, Friend Weiler Sergeant Weiler oversaw the Endangered Species Officers working on Duxbury Beach as well as daily beach operations.
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c. Lead Natural Resources Officer, Full-time, Mario Thompson
The Town of Duxbury employed one full-time Lead Natural Resources Officer to act as the lead Endangered Species Officer (ESO) in 2019 who was responsible for enforcing Duxbury Beach rules and regulations, as well as the federal and state Endangered Species Acts as outlined in the State and Federal Guidelines (Guidelines). The ESO regularly patrolled Duxbury Beach throughout the season. The ESO was responsible, alongside the Mass Audubon biologists and Town of Duxbury Monitor Supervisors, for locating Piping Plover broods prior to the beach being opened to OSVs and for assisting in vehicle management when road crossings occurred.
The ESO reported directly to the Town of Duxbury Beach Operations Officer and was required to communicate routinely with the Duxbury Beach Reservation Executive Director and Reservation Coordinator. The ESO was responsible for the Duxbury Beach Endangered Species Program, including overseeing the Shorebird Monitors and Monitor Supervisors, the Assistant ESOs, and the work of the Mass Audubon biologists.
a. Assistant Endangered Species Officers, Jon Carbone, Jamie Kelley, Keegan Nelligan, and Kevin Newton
From April through September, four Assistant ESOs were employed by the Beach Operations Department. Alongside the ESO, the Assistant ESOs were responsible for patrolling the beach from 06:00 to 21:00 from April through September and enforcing Duxbury Beach rules and regulations, as well as the federal and state Endangered Species Acts. The Assistant ESOs assisted in patrolling the beach, locating Piping Plover broods, and managing road closures during crossings.
The Assistant ESOs reported directly to the ESO and were required to communicate routinely with the Mass Audubon Coastal Waterbird biologists, Town of Duxbury Monitor Supervisors and the Reservation Coordinator.
b. Monitor Supervisors, Bradford Bower, Josh Kelleher, and Talia Kuras
The Town of Duxbury employed three Monitor Supervisors from March through September to perform supervisory and administrative work in the management of the Endangered Species Program. The Monitor Supervisors conducted initial and continued training of Shorebird Monitors with the assistance of ESOs and Mass Audubon biologists. The Monitor Supervisors scheduled and placed monitors for protection of Piping Plover chicks. The Monitor Supervisors assisted in locating clutches and chicks prior to opening the beach. As necessary, the Monitor Supervisors communicated with ESOs and the general public regarding motor vehicle, pedestrian, or dog closure areas on Duxbury Beach. The addition of a second Monitor Supervisor in 2018 and a third Monitor Supervisor in 2019 allowed for greater oversight of the Shorebird Monitors and more responsive in-field training.
The Monitor Supervisors were led by a Lead Monitor Supervisor (Bradford Bower) who reported directly to the ESO and Operations Officer and was responsible for the direct supervision of the other Monitor Supervisors and Shorebird Monitors. All three Monitor Supervisors communicated routinely with the Mass Audubon Coastal Waterbird biologists and the Reservation Coordinator.
c. Shorebird Monitors
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Seventy-four Shorebird Monitors were employed from May through August by the Town of Duxbury to assist in the protection of the listed shorebird species nesting on Duxbury Beach, including Piping Plover and Least Tern. Monitors were responsible for collecting behavioral data on chicks and broods, including location and movement of listed shorebird species. Monitors were also responsible for observing and recording environmental data, predator presence, avian community composition, and vegetation survey data. Monitors interacted with the public to provide information about beach rules and regulations and to answer questions as necessary in a polite and professional manner. Shorebird Monitors report directly to the Monitor Supervisors.
Monitors were required to attend two training sessions held jointly by the Reservation, Mass Audubon biologists, and the Beach Operations Department at the commencement of the monitoring season.
3. Mass Audubon
a. Coastal Waterbird biologists, Rob Anderson, Tom O’Brien, and Austin Russel
Three full-time field assistants were employed by the Mass Audubon South Shore Sanctuaries to implement monitoring, data collection, and reporting for nesting protected coastal waterbirds, including Piping Plover and Least Tern, on Duxbury Beach. Mass Audubon biologists were overseen by Sue MacCallum, Director of the South Shore Sanctuaries. Mass Audubon biologists were responsible for locating and identifying protected species nesting and foraging areas; collecting nesting data, including spatial data; monitoring pair, clutch, and brood status; communicating changes in location or behavior of protected species as necessary to ESOs, Shorebird Monitors/Monitor Supervisors, and Duxbury Beach Reservation; working with ESOs to ensure that fencing and signage provide adequate protection for nests and chicks; assisting in the training of Shorebird Monitors; locating clutches and chicks prior to the opening of the beach to non-essential vehicles; interacting with the public to provide education about the protected species nesting on Duxbury Beach; and submitting nesting summary data to NHESP.
b. South Shore Sanctuaries Director, Sue McCallum
Ms. McCallum oversaw the seasonal Mass Audubon biologists working on Duxbury Beach and provided continuity and extensive knowledge of the beach and Endangered Species Program.
3.2 Impact Minimization Measures
Impact minimization measures helped to limit the number of takes by reducing exposure of adults and chicks to vehicles traveling on Gurnet Road. There are four impact minimization measures outlined in the HCP that were implemented as a condition of the covered activity “Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks.” The three measures to be employed on Duxbury Beach include signage, managing traffic, and staff training. In addition, intensive monitoring was required when chicks were near roads and parking lots, as mandated in the HCP, and described in detail below.
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3.2.1 Signage
Signage on Duxbury Beach in 2019 was extensive and varied depending on purpose and audience (vehicle versus pedestrian). Signage notifying beachgoers of protected areas and certain beach rules (such as dogs and speed limits) was plentiful and enforced by the presence of enforcement and monitoring staff.
Seasonal symbolic fencing consisting of rebar posts and orange twine was erected the last week of March to proactively protect potential habitat. As the season progressed, symbolic fencing was placed around new nesting areas. “Closed Area” signs were placed on every other post, and speed limit signs were placed every 15 meters (16 yards). These symbolically fenced areas are referred to as “Closed Areas.” Signage was placed 50 meters (55 yards) north and south of active nests to prevent OSV parking within the buffer zone as well as seaward of the nest.
Additional fencing was erected two to three days prior to a brood’s estimated hatch date to provide protected areas for the chicks. Restricted Areas extended 200 meters north and south of the brood range and 100 meters north and south of the tern colony (adjusted as necessary) and included the entire site east to west (oceanside beach to bayside beach). Depending on brood behavior and proximity to OSV areas, plover restricted areas were sometimes reduced to 100 meters north and south after the first week. Signs informing visitors of the restrictions were located perpendicular fences with arrows indicating that pedestrians must walk around fencing rather than ducking under.
In cases where vehicle pull-offs fell within the Restricted Area, these pull-offs were closed to all vehicles (not including enforcement and monitoring staff). Sections of roadway within a Restricted Area were delineated with orange barrels and reduced speed limit signs (speed drops to 5 mph) placed in the center of the road. These signs designated the Restricted Area on the roadway.
3.2.2 Managing Traffic
Multiple parties were responsible for identifying the need for alterations to traffic flow on Duxbury Beach. In order to properly determine where vehicles were permitted on the site, a full sweep of the beach was performed each morning from 06:00-08:00 by Mass Audubon biologists, ESOs, and Monitor Supervisors once broods were present. In 2019, this intensive monitoring began May 21, two days prior to the first estimated plover hatch date on site. Once the sweep was complete and any necessary adjustments were made to Restricted or Closed Areas, the ESOs then opened the appropriate crossovers to over-sand permit holders after 08:00. Once the beach was closed, traffic to Gurnet-Saquish is limited to residents and authorized visitors.
Monitoring efforts by Mass Audubon biologists, Monitor Supervisors, ESOs and Shorebird Monitors prior to the beach opening and throughout the day determined the locations of Restricted Areas and thus the location and number of vehicles permitted on the beach. The OSV corridors and access points were adjusted or closed if vehicle presence was deemed a disturbance to courting or incubating adults or if plover broods moved or expanded their range. In 2019, adjustments were made to access at both the First and Second Crossovers to limit disturbance to plover pairs setting up territories. The location of Piping Plover broods and Least Tern colonies necessitated the closures of all three vehicle crossovers for several weeks.
Endangered Species Officers were responsible for enforcing traffic regulations on the OSV beach, requesting that vehicles move if protected areas shifted, and providing support for monitors. In addition, ESOs were responsible for monitoring vehicle numbers on the beach and closing beach access when the limit was reached (this varied depending on available space, though always a maximum of 500). Prior to monitor departure at 20:00, a final assessment of Restricted Area locations was performed to best ensure that vehicle-use areas did not overlap,
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nor come within 100-200 meters (dependent on brood age, behavior, and location), of unfledged chicks and no parking took place within 50 meters of active nests. All crossing brood locations were captured and reported at 20:00 to the ESO on duty. While plover chicks were present, an Assistant ESO was stationed at Crossover 1 to ensure that nonessential vehicles did not continue south of this point between 20:00-23:00. This action served to enhance protection of unfledged plover chicks at night.
Shorebird Monitors stationed with the brood were responsible for identifying movement toward Gurnet Road and informing the Shorebird Monitor stationed on the road, the ESO on duty, and the Monitor Supervisor on duty that a brood was likely to cross. This occurred as the brood began moving toward the dune or vegetation. The monitor positioned on the road and the ESO stopped traffic in both directions, including pedestrian traffic, once the brood reached the snow fence or permanent symbolic fencing which is located at the toe of the dune or crest of the dune. The oceanside monitor maintained visual contact with the brood until the roadside/bayside monitor confirmed that responsibility had shifted. Traffic remained stopped for as long as it took for the brood to cross the road and commit to the movement. This same process was followed in reverse when broods moved from bayside to oceanside.
Vehicle-use occurs on two additional areas of Duxbury Beach – within vehicle pull-offs along Gurnet Road and the bayside beach. In order to prevent vehicles from parking within Restricted Areas along the road, all pull-offs within restricted areas were blocked with symbolic fencing and “Area Closed” signs as well as orange traffic cones. Endangered Species Officers monitored vehicle use on the Gurnet Road and enforced rules regarding parking, beach permits, and speed limits. Recreational driving is prohibited year-round on the bayside beach. In order to ensure that chicks were not harmed or disturbed from accessing this optimal foraging area, all shellfishermen traffic was stopped on the bayside beach two days prior to the first nest hatching and the area remained closed until all chicks had fledged.
In 2019, recreational access was restricted on the back road as access to the front beach for OSV operators decreased. All non-essential traffic on Duxbury Beach was restricted south of Crossover 2 beginning May 30, south of Crossover 1 beginning June 5, and south of the Powder Point Bridge beginning July 1. Vehicle pull-outs were closed along these portions of the road as well. As OSV traffic was restricted, the Gurnet-Saquish guardhouse attendant moved northward on the back road to ensure any non-Gurnet/Saquish traffic was stopped from proceeding down the back road.
3.2.3 Training
Duxbury Beach benefits from a team of professionals with wide-ranging experiences from three different organizations: Duxbury Beach Reservation, Town of Duxbury Beach Operations Department, and Mass Audubon Coastal Waterbird Program. The result is a comprehensive monitoring program that provides both formal and informal trainings throughout the season.
In 2019, year-round ESOs and Reservation employees served to provide continuity and were able to train new and seasonal staff on protocols. The largest aspect of the training program is that provided for the Shorebird Monitors. Monitors were required to attend a training held jointly by the Duxbury Beach Reservation, Mass Audubon biologists, and the Beach Operations Department at the commencement of the monitoring season. Training consisted of two sessions, eight hours of classroom training plus an additional one hour of in-field training. This training included plover and tern nesting biology, chick monitoring protocols, data collection, beach rules and regulations, public interaction protocols, focal species and predator tracking, road crossing procedures, equipment use and special projects. In addition, the monitors received ongoing in-field training and informal assessment to ensure classroom instruction was being carried out correctly.
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Specifically related to road crossings, monitors were trained on adult plover behavioral tendencies including the following: warning/alarm calls, foraging practices, prey habitats, tidal fluctuations, brooding characteristics, weather-induced behavioral traits, chick appearance (aging chart) and behaviors, habitat use, etc. As many of the chick crossings are indicated initially by adult behaviors, becoming familiar with adult behaviors and auditory clues was part of the training. Monitors were trained to recognize signs of disturbance of plovers and terns and proper techniques to limit disturbance to ensure that monitoring efforts did not impact bird activity and protection measures were adequate.
Initial in-field training focused on familiarizing new employees on beach morphology, fencing, and shorebird identification. Opportunities for continued in-field training were plentiful throughout the season, including answering questions from monitors as issues come up. The presence of three Monitor Supervisors working alternate shifts ensured that monitors had someone on call for support or questions. In addition, ESOs were present each day to provide informal training on beach rules and regulations, and Mass Audubon biologists were available to provide additional information on current nesting activity and bird biology and behavior. The Duxbury Beach Reservation’s Reservation Coordinator was on site throughout the season to answer questions and ensure permit requirements were met.
3.2.4 Piping Plover Brood Monitoring
Shorebird Monitors (monitors) began on the beach on May 21, 2019, two days prior to the earliest expected hatch date (Nest 1A on May 23). From this point, monitors were scheduled in two shifts per day, from 06:00 to 20:00, seven days per week while unfledged chicks were present. A minimum of one monitor was assigned to each brood, regardless of location and tendency to range near or cross the roadway. An additional monitor was placed on the roadway in areas where crossings have historically occurred, there is suitable habitat on both sides of the road, or the brood was observed to range near to or cross the road. The total number of monitors in a brood area on oceanside and the roadway depended on several factors, including number of broods in the area, brood range size, recreational use, and location. For example, in some areas where the brood’s Restricted Area was adjacent to an OSV area to the north and south, two monitors may be assigned to monitor one brood on oceanside in addition to a monitor on the roadway (Map 3-1). In the event of rain or storm conditions, monitoring decreased because the broods seek shelter and searching for them could cause chick mortality. In bad weather, enough monitors are kept on for coverage of known plover road crossing areas and areas adjacent to any non-restricted over-sand areas.
It was the responsibility of the Shorebird Monitors to limit vehicle and pedestrian disturbance to chicks. If the chicks were foraging at the water line, monitors were asked to escort beachgoers around the brood to ensure chick safety or keep the area closed to pedestrians until the brood moved to a different area. Monitors also acted as an additional deterrent (besides fencing and signage) for any vehicles approaching the Closed Areas on the oceanside beach. Monitors remained far enough from broods to not impact behavior while maintaining a close enough proximity to make observations (data collection every 20 minutes) and ensure that necessary notice was given to ESOs, Monitor Supervisors, and roadside/bayside monitors of probable crossings. Monitors were instructed to stay below the high tide line and as far from the brood as possible to lessen any disturbance. In addition, monitors were trained in plover and tern behavior in order to recognize signs that the birds are being disturbed by monitor presence. Monitors were instructed not to access Closed Areas where unhatched nests are located.
If a brood moved to the bayside, the brood was monitored by the monitor stationed on Gurnet Road while the oceanside monitor remained at the oceanside Restricted Area. Pedestrian use of the bayside is much less and due to the topography and lack of structures (snow fence and sturdy drift fence), monitors stationed on the road are able to easily intercept pedestrians approaching Restricted Areas on the bayside beach. In addition, because
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the road is above the bayside beach, monitors are more easily able to locate chicks and record observations without causing unnecessary disturbance. In some locations viewing chicks was difficult from the roadside. In these cases, monitors were instructed where and how to access the bayside beach to collect data and confirm chick location.
Monitors carried log books specific to each brood, in which they recorded data, including brood crossings, time and length of crossing, brood identification, and number of vehicles stopped. In addition, monitors were responsible for checking broods every 20 minutes and recording information, including brood location and number, adult location and number, behavior, and habitat type. Throughout shifts, monitors recorded predator presence or tracks, public interactions (e.g., with dog walkers or bicyclists), and information on special projects (Appendix 2). This information was entered into spreadsheets by monitors during data entry shifts (Attachment E). Based on observations, the monitor informed the ESO if a brood moved within 100 meters of an OSV area so that the Restricted Area boundary could be adjusted.
In order to decrease risk posed to broods north of Crossover 1 between 20:00 and 23:00, information regarding brood location (bayside or oceanside) was relayed to staff on duty after 20:00. This information also aided in monitoring efforts the following morning to inform morning monitors of last known location. In 2019, the ESO or Monitor Supervisor at the guardhouse at 6:00 took a photo of the record of the previous night’s brood locations and sent it to partners via group text.
In addition to the information captured on plover nesting and chick rearing, monitors were trained to recognize Least Tern nesting and to capture information on chick number and locations within colonies. As all the tern nesting locations included plover nests, the monitors did spend time stationed at Restricted Areas set up for tern nurseries until August when the plover chicks had fledged. At this point, monitors were assigned to restricted areas around tern nurseries located adjacent to OSV areas. Monitors were trained to inform Monitor Supervisors and ESOs of changes to tern nursery boundaries so that protection measures could be adjusted accordingly.
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Map 3-1. Fencing erected in order to protect nesting adults, clutches, and chicks from disturbance and vehicles. This diagram illustrates one scenario of nesting, fencing, and monitoring activity on Duxbury Beach. Fencing and monitoring efforts are dependent on brood number, location, recreational use, and accessibility to the road (habitat configuration). 4.0 Beach Management
4.1 Law Enforcement
The Town of Duxbury employs Endangered Species Officers (ESOs) and Assistant ESOs who are responsible for enforcing Duxbury Beach rules and regulations, as well as the federal and state Endangered Species Acts. The ESOs are responsible for enforcing traffic regulations on site, including parking, speed limits, OSV beach use and access, and traffic restrictions during brood crossings. They are also responsible for enforcing dog rules. From September 15 through April 1, dogs are permitted as listed under the Town of Duxbury dog regulations. Dog walking is not permitted in vegetated areas or fenced areas year-round. The ESOs patrol Duxbury Beach 12 months a year. From April 1 through September 1, 20 Assistant ESOs support the two ESOs. On weekends a maximum of seven enforcement staff are present on the beach, and on weekdays a minimum of four are present.
Beach Operations enforcement staff patrolled Duxbury Beach from 6:00-23:00 from May through September in 2019. Historically, there have been instances during which Operations staff were required to drive through Restricted Areas to perform management or respond to emergencies. An essential vehicle log was prepared for the 2019 season to capture this vehicle use, however, no such instances occurred in 2019.
Over the course of the nesting season (April-August), ESOs issued warnings and citations on Duxbury Beach for numerous infractions, including speeding, failure to follow dog regulations, and entering closed areas (Table 4- 1). ESOs also responded to reports of infractions from Shorebird Monitors, Monitor Supervisors, Mass Audubon Biologists, and Duxbury Beach Reservation that were deemed likely to impact adults or chicks in the area.
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Table 4-1. Citations and Warnings issued by the Beach Operations Department on Duxbury Beach during April-August 2019. Category Type April-August Citations Issued 5 Speeding Written Warning 0 Verbal Warnings N/A* Citations Issued 0 Fail to Leash or Control Dog Written Warning 0 Verbal Warnings N/A* Citations Issued 2 No Oversand Permit on Vehicle Written Warning 0 Verbal Warnings N/A* Citations Issued 0 Person or Animal in Dune, Written Warning 1 Fenced Off, or Protected Area Verbal Warnings N/A* Citations Issued 165 Parking Violations Written Warning 0 Verbal Warnings N/A* Citations Issued 1 Drinking of Alcoholic Beverages Written Warning 0 Verbal Warnings N/A* Citations Issued 0 Fire Left Unextinguished or Fire Written Warning 0 Remnants Left Verbal Warnings N/A* Citations Issued 0 Littering Written Warning 0 Verbal Warnings N/A* Citations Issued 172 Total Written Warning 1 Verbal Warnings N/A*
*Hundreds of public interactions and verbal warnings weekly to educate the public about coastal endangered species, marine life, and environmental protection issues.
4.2 Listed Species Monitoring and Management
Monitoring of listed species on Duxbury Beach is multifaceted with in-field and reporting responsibility in the hands of two groups - the Town of Duxbury Beach Operations Department and Mass Audubon. To ensure all
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parties are aware of concerns, current status of nesting and protection work, and ongoing training of staff, group text messages are set up at the beginning of the season. This includes the Reservation Executive Director and Reservation Coordinator, Town ESOs and Monitor Supervisors, and Mass Audubon Biologists and Mass Audubon Sanctuary Director. In 2019 the text thread was extremely effective in keeping all parties informed regardless of days off, time of day, and location on the beach. A full output of the text messages from 2019 can be found in Attachment G. A summary of management initiation dates and end dates for fencing and monitoring is captured in Table 4-2.
Table 4-2. Timeline of listed species management, including monitoring and fencing/signage, on Duxbury Beach in 2019. Date Event Organization 3/25-3/29/2019 Symbolic Fencing Installation Beach Operations Department 3/28/2019 Start of Monitoring Mass Audubon South Shore 4/4/2019 Start of Monitoring Beach Operations Department 5/21/2019 Start of Daily Monitoring Mass Audubon and Beach Operations 5/21/2019 Start of Daily Monitoring Shorebird Monitors (Beach Operations) 9/4/2019 End of PIPL Monitoring Shorebird Monitors (Beach Operations) 8/29/2019 Fencing Removal Beach Operations Department 8/28/2019 End of Monitoring Mass Audubon South Shore 9/6/2019 End of Monitoring Beach Operations Department 8/29/2019 End of LETE Monitoring Shorebird Monitors (Beach Operations) 9/10-9/15/2019 Fencing Removal Beach Operations Department
4.2.1 Fencing and Signage Management
Fencing on Duxbury Beach is extensive and varied depending on purpose and audience (Table 4-3). Signage and fencing were shifted or repaired based on GPS location information provided by Mass Audubon or captured directly by Beach Operations Department staff. Spatial data was input to a Google Map shared with partners and updated constantly to reflect current conditions (whether a nest or brood was active or inactive, northern and southern Least Tern nests or chicks for each colony, and existing or planned locations of Restricted Areas). ESOs used the spatial data of nest and chick activity to measure out the protective boundaries, get GPS points, and put up Restricted Area fencing.
Closed Area fencing was initially erected the last week of March to protect historic and potential nesting habitat. Due to changes to the beach over the winter, pairs nested in several areas that were not previously utilized. Fencing was extended as pairs were observed in these new areas. Closed Area fencing was removed over the course of a month (end of August to mid-September), depending on where Piping Plover and Least Tern activity remained and to protect some areas for staging birds. Restricted Area fencing and signage on oceanside, bayside, and on the road was placed two to three days prior to each expected hatch date. In 2019, many of the Restricted Areas overlapped which resulted in large swathes of Restricted Area and required fewer perpendicular fences. Restricted Area fencing remained up until several days after each chick in the brood had been observed flying >50 feet or had been lost. If the brood was considered a “crossing brood” then fencing remained and monitoring continued until the brood was observed flying over the road rather than walking across.
Table 4-3. Summary of fencing types used on Duxbury Beach in 2019.
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Fencing Type Purpose Location Post and cable Vehicle control Along roadway and parking lot boundaries Permanent symbolic Vehicle control and dune protection Oceanside beach designating limit of OSV beach Closed Area Protected species management Historic, potential, and current nesting (vehicle and pedestrian control) habitat Restricted Area Chick protection (vehicle and partial 100-200 meters on either side of chick pedestrian control) activity (oceanside, bayside, and roadway where access is possible) Snow Fencing Pedestrian control and dune protection Toe or crest of dune on oceanside North and South Poles Vehicle control Northern and Southern boundaries of OSV use on oceanside Pull-off symbolic fencing Vehicle control and plover chick Closed off pull-offs on roadway located protection within Restricted Areas
4.2.2 Duxbury Beach Protected Species Monitoring Program
Mass Audubon: Mass Audubon biologists began monitoring Duxbury Beach the last week of March, with visits two to four times per week in April. In May, monitoring visits increased, with daily visits beginning shortly before the first plover nest was due to hatch (May 23). Biologists collected information on plovers and terns during each site visit, focusing on pair abundance, nest status and location, brood status and location, nest and chick loss, flight status, predator presence, and staging activity. During the course of monitoring, the biologists inspect symbolic fencing and communicate issues or changes to ESOs. In addition, Mass Audubon biologists helped locate broods prior to the beach opening, focusing on those broods that were known to cross and were located in more vulnerable areas (north of the Second Crossover).
Mass Audubon biologists completed the NHESP short form and submitted the preliminary data for Duxbury Beach in July. Mass Audubon also completed annual census reports, and site maps for Duxbury Beach submitted to the state in September. These forms were completed based on the field book data and nest form data captured during each site visit by each staff member.
Monitor Supervisors and Shorebird Monitors: As mentioned above, monitoring of Piping Plovers and Least Terns on Duxbury Beach is multifaceted with in-field training and reporting responsibility in the hands of multiple groups. Intensive, yet flexible, protocols are in place to help ensure success of nesting shorebirds throughout the site. The extensive monitoring that occurred in 2019 beginning at 6:00 until 20:00 each day between the first hatching and last fledging helped to inform staff of vulnerabilities and potential for additional protection. Monitoring was adapted as brood behavior changed – including added monitors in cases of unexpected crossing activity and large brood ranges.
The Monitor Supervisors were responsible for overseeing the monitoring and data collection work of the monitors. In addition to this oversight role, a Monitor Supervisor checked the mock exclosures and traps placed for avian predator management by APHIS WS, and recorded data on predator sign and uptake and communicated exclosure status and observations to APHIS WS and the Reservation Coordinator.
Endangered Species Officers (ESO, Assistant ESO): A team of Town of Duxbury ESOs and Assistant ESOs were stationed on Duxbury Beach during the entirety of the nesting season. The team of officers present during the
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season was responsible for the dual responsibilities of protecting nesting plovers and terns on Duxbury Beach and enforcing all rules and regulations that apply to beach goers.
The ESOs oversaw the Endangered Species Monitoring Program, including the efforts of the Shorebird Monitors on the site. The ESOs worked with the Monitor Supervisors to direct the monitors watching plover broods. In addition, the ESOs assisted in brood location prior to the beach opening to OSVs at 08:00. They also checked Closed and Restricted Area fencing and made repairs and adjustments as necessary based on their observations and those of Shorebird Monitors and recommendations by Mass Audubon biologists. The ESOs were also responsible for responding to chick crossings and helping to maintain road closures and assist in locating chicks.
5.0 Mitigation Plan
5.1 Selective Predator Management Plan
To mitigate for the potential impacts of the covered activity on Piping Plovers, the Reservation self-funded a $18,951.58 selective predator management plan in 2019. The Reservation contracted with the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service Wildlife Services (APHIS WS) to conduct on-site selective predator management of both avian and mammalian predators. The APHIS WS Proposal for FY19 was submitted and approved by MADFW and USFWS. The 2019 agreement with WS funded increased efforts by WS compared to previous seasons. Between February and July, 2019, WS employees made 22 visits to Duxbury Beach for the following activities: assessment, trapping, shooting, or DRC-1339 COR applications. Control efforts began February 6 and ended July 29. The results of WS control efforts can be found in the APHIS final report (Attachment H – APHIS final report not received as of 10/18/19, attachment will be submitted upon receipt).
5.1.2 Communication and Monitoring
In order to maximize WS efforts, the Reservation instituted an intensive monitoring and reporting program with the Harbormaster Department and Mass Audubon. In addition to the regular observations and data collection by Mass Audubon assessing predator presence and loss, ESOs and Monitors Supervisors spent time on the beach monitoring for predators or sign of predator activity. All predator observations, evidence of loss, and status of nesting activity were reported to WS and beach partners (DBR, Beach Operations, Mass Audubon) via a group text message (Attachment I). The Reservation Coordinator typically spoke to WS once per week during the season to provide additional information and receive WS updates. Monitor Supervisors were responsible for checking the mock exclosures erected by WS and reporting this information to WS and recording the information on a Predator Management online spreadsheet (Attachment J).
Shorebird Monitors were trained to interpret common tracks (crow, coyote, fox, etc.) and were required to collect this information daily. Predator information collected by the Shorebird Monitors was recorded in the daily nesting activity spreadsheet (Attachment L). The information was also passed on to other partners by Beach Operations staff via group text messages.
5.1.3 Program Effectiveness
The effectiveness of predator management is difficult to evaluate depending on weather and other factors. While crow observations remained high at the north end of the beach and in the parking lots, activity was
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greatly reduced south of the Resident Parking Lot where a majority of nesting activity was in 2019. There was no evidence of egg or chick loss due to crow in 2019.
Common Grackle predation on Piping Plover chicks was observed for the first time in 2019. Two predation events were observed by Monitor Supervisors while an additional three were suspected. Due to the high grackle activity on the beach in 2019, a grackle trap was erected to catch and remove grackles near High Pines. Monitor Supervisors were responsible for checking the trap erected by WS and reporting captured animals to WS and the Reservation Coordinator (Attachment M).
Despite intensive efforts, mammalian predator activity remained on Duxbury Beach throughout the season. Coyote and Red Fox presence was frequent, likely due to the large small rodent population on site. Throughout the season mammals continued to travel to the site from the west via the Powder Point Bridge and from the north via Gurnet Road. This was particularly true of Red Fox which were observed extensively on the north end of the site, including on the bridge. Red Fox was also seen regularly on the south end of the site, presumably traveling north from Gurnet-Saquish.
5.1.3 Communication and Monitoring In 2019, a total of four full Piping Plover nests were lost due to mammalian predation. Three nests were lost due to coyote, with an additional nest lost to an unknown canid. This loss was comparable to 2018 when four nests were lost to mammalian predators (Table 5-1). In addition, 14 chicks were believed predated by Common Grackle, gull, coyote, and Snowy Owl (Table 5-2). Coyote and fox tracks were common along the toe of the oceanside dune, traveling through the intertidal, and crossing over to the bayside beach.
Table 5-1. Piping Plover nests lost in entirety (% of total lost to known causes) to crow, coyote, and fox, 2011-2019.
Total Piping Plover Total Piping Plover nests lost (% of nests lost (% of Total Piping Plover total lost to known total lost to known nests lost (% of causes) to causes) to Eastern total lost to known Year American Crow Coyote causes) to Red Fox 2011 5 (33%) 2 (13%) 2 (13%) 2012 0 1 (10%) 1 (10%) 2013 1 (50%) 1? (50%)* 1? (50%)* 2014 0 4 (57%) 0 2015 1 (20%) 0 0 2016 0 5 (56%) 0 2017 2 (5.8%) 9 (26%) 12 (35%) 2018 0 0 4 (57%) 2019 0 3-4* (19%) 0-1*
*Unknown if predation was due to fox or coyote – track indeterminate
Table 5-2. Piping Plover chick loss due to predator activity in 2019. Source: PIPLODES export, Attachment A.
Predator Chicks lost (% of total lost to known causes)
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American Crow 0 Herring Gull 1 (7%) Common Grackle 5 (36%) Snowy Owl 3 (21.5%) Eastern Coyote 2 (14%) Red Fox 0 Unknown Canid 0 Unknown Predation 3 (21.5%)
Predator activity also appeared to impact the Least Tern colonies on Duxbury Beach in 2019. Least Tern pair numbers increased in mid-late June at three of the five colonies, possibly due to the decreased coyote and fox activity. However, an increase in coyote, fox and grackle activity at the south end of the beach beginning in mid- July likely caused losses of eggs and chicks in the Crossover 3 and Gurnet colonies and resulted in decreased nesting activity. The presence of Peregrine Falcons in August also impacted the fledglings in the OSV and Crossover 3 Least Tern colonies, though productivity still ranged from good to excellent (Attachment J).
5.2 Education and Nesting Habitat Maintenance In addition to selective predator management, the Reservation also mitigated by increasing education regarding nesting plovers and terns and maintaining nesting habitat.
5.2.1 Education Efforts The Reservation sponsors robust educational programs throughout the season. During the 2019 season, the Summer Education Programs at Duxbury Beach hosted hour-and-a-half-long classes on Tuesdays, Thursdays, and Saturdays throughout the months of July and August. Two classes are specifically directed or related to Piping Plovers: “Piping Plovers” and “Shorebird Feeding Adaptations.” In addition, program leaders were asked to include a short discussion of Piping Plovers and Least Terns and their use of and importance on Duxbury Beach during the course of every program. The Reservation’s partners at Mass Audubon’s South Shore Sanctuaries presented these programs.
5.2.2 Nesting Habitat Maintenance Duxbury Beach Reservation performed and evaluated habitat enhancement on Duxbury Beach for nesting Piping Plover during the 2019 shorebird nesting season through a grant provided by the Massachusetts Natural Heritage and Endangered Species Program. Habitat enhancement at Duxbury Beach began in 1999 and has occurred using a variety of methods from 1999-2019.
In 2019, maintenance was performed at the southern five replicated habitats from February 19-22. Work was performed during February to allow the habitats to “naturalize” prior to Piping Plover pair arrival. This allowed time for wind and precipitation to remove construction vehicle tracks and any ridges or other abnormalities from the habitats’ surface. Maintenance consisted of using an excavator to bury vegetation well below the surface, >2 feet in depth, in order to remove vegetation and expose native sand.
Three pairs of Piping Plovers nested in the replicated habitats in 2019. Nest 25A was laid in Habitat 1 (northernmost), nest 19A in habitat 3, and nest 5A in habitat 6. Success was poor at the replicated habitats in 2019. Nest 25A was abandoned at 1 egg. Nest 5A hatched two chicks, both lost prior to fledging. Nest 19A fledged one chick.
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6.0 Recreational Benefits
The Certificate of Inclusion in the HCP in 2019 allowed Duxbury Beach Reservation to provide continued recreational opportunities for residents and non-resident, particularly OSV access, through the Town of Duxbury. Recreation continued while maintaining the same level of intensive monitoring and protection in effect on Duxbury Beach for over three decades. The ability of Duxbury Beach Reservation to maintain the barrier beach to protect the bays and towns behind it and maintain shorebird nesting habitat is in part dependent on the income from recreation. Recreation is available to the public through the town lease, who in turn sells beach stickers to residents and non-residents, and through day-use parking at Duxbury Beach Park.
The activities covered under the COI (non-essential vehicle use on the back road while chicks are present) are not new to Duxbury Beach and so the public did not see an increased level of access. Despite approvals for amendments to the COI and CMP, the OSV users saw decreased access in 2019. The entirety of the drive-on beach and back road was closed to recreation from July 1 to July 28. The extensive monitoring and protection efforts also remained consistent on Duxbury Beach and so the public also did not see extensive changes in monitoring.
Benefits of Implementing Covered Activities
Access in 2019 was limited due to locations of nesting activity and caused the closure of the 2nd and 3rd Crossovers as well as a large part of the OSV beach (in turn limiting the number of cars that could park) for much of the summer. The entire OSV beach was closed during the month of July due to the proximity of broods to the First Crossover. OSV sticker holders were rerouted to a parking lot on the North end of the property and were still able to enjoy the beach. All pull offs along the back road were restricted while chicks were present on the beach.
The approval of inclusion of Least Terns in the Reservation’s CMP allowed the 1st crossover to remain open from June 28-June 30 and both crossovers to be reopened and remain open for several weeks in July and August while unfledged Least Tern chicks were present within 100 yards.
The Town of Duxbury provided access updates to those interested via email and Twitter (see Access Updates Attachment K). Duxbury Beach Reservation shared these updates on the DBR Facebook page and responded to questions regarding crossover closures, vehicle limits, and alternative parking locations.
Program Reach and Effectiveness
In addition to plover and tern monitoring and protection work, the Shorebird Monitors assigned to the oceanside and roadside of broods came in to contact with many members of the public. Monitors were instructed on how and when to interact with the public to provide information about the birds, conservation efforts, and beach rules and regulations. Monitors recorded these interactions in data binders to evaluate public opinion towards shorebird protection on Duxbury Beach (Table 6-1). This was the second season public interaction data was recorded and so future seasons will provide a better evaluation of program effectiveness.
Table 6-1. Public interactions by Shorebird Monitors on Duxbury Beach in 2019.
Duxbury Beach Reservation, Inc. 26 | P a g e Month Total Shifts Total Interactions Interactions/Shift May 178 580 3 June 1144 2598 2 July 962 1899 2 August 371 1354 4 September 13 15 1
Over the course of the 2019 chick monitoring season (May-September) interactions were overwhelmingly positive or neutral, with negative interactions accounting for 4% overall (less than 6% in any given month) (Figure 6-1). Interestingly, the interaction breakdowns vary little over the course of the season, with percentage differences for positive, negative, and neutral interaction percentages varying 9%, 2%, and 10% or less respectively between months. The month of September is an outlier, with no negative interactions and a disproportionate amount of positive interactions. This is most likely due to the low number of interactions in this month compared to the rest of the season.
Public Interactions on Duxbury Beach 2019 80% 70% 60% 50% 40% 30% 20% 10% 0% May June July August September Total
% Positive Interactions % Negative Interactions % Neutral Interactions
Figure 6-1. Percentage of positive, negative, and neutral interactions between Shorebird Monitors and the public on Duxbury Beach during 2019.
Duxbury Beach Reservation, Inc. 27 | P a g e Appendix 1. Duxbury Beach Maps
Duxbury Beach Reservation, Inc. 28 | P a g e Per the direction of NHESP, the maps have been removed due to the permitting/public review process.
Duxbury Beach Reservation, Inc. 29 | P a g e Per the direction of NHESP, the maps have been removed due to the permitting/public review process.
Duxbury Beach Reservation, Inc. 30 | P a g e Per the direction of NHESP, the maps have been removed due to the permitting/public review process.
Duxbury Beach Reservation, Inc. 31 | P a g e Per the direction of NHESP, the maps have been removed due to the permitting/public review process.
Duxbury Beach Reservation, Inc. 32 | P a g e Appendix 2. Duxbury Beach Datasheets
Duxbury Beach Reservation, Inc. 33 | P a g e Duxbury Beach Road Crossing Datasheet
DATE: BROOD ID: DIRECTION OF CROSSING (east or MONITOR: CHICK AGE: west): Start time End time CROSSING DURATION
# vehicles traveling north # vehicles traveling south # OF VEHICLES STOPPED
CROSSING LOCATION Latitude Longitude East Side of Road
West Side of Road
DATE: BROOD ID: MONITOR: CHICK AGE: Start time End time CROSSING DURATION
# vehicles traveling north # vehicles traveling south # OF VEHICLES STOPPED
CROSSING LOCATION Latitude Longitude East Side of Road
West Side of Road
DATE: BROOD ID: MONITOR: CHICK AGE: Start time End time CROSSING DURATION
# vehicles traveling north # vehicles traveling south # OF VEHICLES STOPPED
CROSSING LOCATION Latitude Longitude East Side of Road
West Side of Road
DATE: BROOD ID: MONITOR: CHICK AGE: Start time End time CROSSING DURATION
# vehicles traveling north # vehicles traveling south # OF VEHICLES STOPPED
CROSSING LOCATION Latitude Longitude East Side of Road
West Side of Road
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CMP Amendment Datasheet
Date: Start time: End time: Monitor:
I. LETE Activity (to be completed at the start of each shift) # LETE incubating within
100 yards of Crossover # LETE chicks within 100 yards of Crossover # Chicks 1-5 days # Chicks 6-10 days # Chicks 11-15 days # Chicks 16-20 days # Fledged chicks
II. LETE Nesting Locations (to be completed at the start of each shift) Latitude Longitude Location of chick nearest to the crossover Location of incubating adult nearest to the crossover
III. LETE Herding Activity (to be completed throughout shift as need arises) Time (start-end) Chick Details (number and age) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
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Massachusetts Habitat Conservation Plan for Piping Plover Duxbury Beach 2020 Summary Report
Prepared for submission to: Massachusetts Division of Fisheries & Wildlife Natural Heritage & Endangered Species Program 1 Rabbit Hill Road Westborough, MA 01581
Prepared by: Duxbury Beach Reservation, Inc. P.O. Box 2593 Duxbury, MA 02331
October 2020 Updated January 2021 Contents 1.0 Protected Species Activity ...... 1 1.1 Piping Plover Nesting ...... 1 1.2 Other State-Listed Species ...... 2 2.0 Implementation of Covered Activities ...... 3 2.1 Initiation of Covered Activities ...... 3 2.1.1 Recreation and Beach Operations Associated with Reduced Proactive Fencing ...... 3 2.1.2 Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks ...... 5 2.1.3 Implementation of Least Tern Proximity Monitoring ...... 10 2.2 Emergency Request for COI Amendment ...... 13 2.2.1 Emergency Request for Additional Take Exposure for Piping Plovers ...... 13 2.3 Disturbance and Mortality Associated with Covered Activities ...... 13 2.3.1 Mortality Associated with Covered Activities ...... 14 3.0 Impact Minimization ...... 14 3.1 Responsible Staff ...... 14 3.2 Impact Minimization Measures ...... 17 3.2.1 Signage ...... 17 3.2.2 Managing Traffic ...... 18 3.2.3 Training ...... 19 3.2.4 Piping Plover Brood Monitoring ...... 20 4.0 Beach Management ...... 22 4.1 Law Enforcement...... 22 4.2 Listed Species Monitoring and Management ...... 24 4.2.1 Fencing and Signage Management ...... 25 4.2.2 Duxbury Beach Protected Species Monitoring Program ...... 26 5.0 Mitigation Plan ...... 28 5.1 Selective Predator Management Plan ...... 28 5.1.1 Communication and Monitoring ...... 28 5.1.2 Program Effectiveness ...... 29 5.1.3 Impacts of Predation ...... 29 5.2 Education and Nesting Habitat Maintenance ...... 30 5.2.1 Education Efforts ...... 30 5.2.2 Nesting Habitat Maintenance ...... 31
6.0 Recreational Benefits ...... 31
Introduction and Overview In March of 2018, Duxbury Beach Reservation submitted a request for a Certificate of Inclusion (COI) in the statewide Habitat Conservation Plan (HCP) for Piping Plover for the 2018-2020 nesting seasons on Duxbury Beach. The Massachusetts Division of Fisheries & Wildlife (MADFW) Natural Heritage & Endangered Species Program (NHESP) and the U.S. Fish & Wildlife Service (USFWS) issued a three-year Certificate of Inclusion to Duxbury Beach Reservation under the statewide HCP. In March of 2020, the Reservation applied for and received an amended COI. In 2020 (year three), Duxbury Beach was eligible to expose 10 broods of piping plovers (35.6% of the 28 onsite breeding pairs based on 2019 plover census) and 25 pairs of least terns (19% of the 129 onsite breeding pairs based on 2019 tern census). Approval of an emergency request for an amended COI by MADFW on June 23, 2020, increased the Reservation’s exposure limit for 2020 to 12 broods. The permit includes four covered activities: Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks and Least Tern Chicks; Recreation and Beach Operations Associated with Reduced Symbolic Fencing Around Nests; Recreation and Beach Operations Associated with Reduced Proactive Symbolic Fencing of Piping Plover and Least Tern Habitat; and Recreation and Beach Operations at Piping Plover and Least Tern Nest Sites with Nest Moving. The area covered is the length of Gurnet Road from the north edge of the property (Lagerstedt Lot/Northern Lot) to the Gurnet Guardhouse in the south covering 6.4 kilometers (4.5 miles) of improved gravel roadway. Mitigation was in the form of self-funding to implement selective predator management on-site as well as increased education efforts and experimental habitat management. Mitigation associated with the emergency amendment consisted of intensive brood monitoring for a minimum of three broods not exposed to recreational traffic but at risk in the roadway due to Gurnet and Saquish traffic.
1.0 Protected Species Activity 1.1 Piping Plover Nesting Piping Plover Abundance and Productivity Historically, less than 20 Piping Plover (Charadrius melodus) pairs have nested on Duxbury Beach. However, beginning in 2014, the number of nesting pairs has ranged from 23 to 28. In 2020, 25 pairs of plovers attempted to nest on Duxbury Beach, fledging 58 chicks, for a productivity of 2.32 chicks fledged/pair. Twenty-seven nests were laid, with 25 being first attempts, one being a B nest, and one continuation. Ninety-three percent of nests hatched this season and of these, 92% fledged at least one chick. The information submitted by Duxbury Beach Reservation via PIPLODES provides an in depth look at the nesting activity this season. On the oceanside beach, Piping Plover nesting extended from the middle of Duxbury Beach Park (just south of Blakeman’s) to north of the Gurnet Guardhouse. On bayside, nesting ranged from the fourth replicated habitat south of High Pines to just north of the “Jose dune” (area just north of Plum Hills). In addition, one to two pairs scraped and one laid eggs in the processed gravel parking lots at Duxbury Beach Park (“Caterers Lot” north of Pavilion building and overflow lot on the west side of the road). Maps of nesting activity were provided to Natural Heritage and Endangered Species Program (NHESP) by Duxbury Beach Reservation.
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Table 1-1. Piping Plover census information 2017 through 2020.
Index Total Productivity (chicks Year Count Count Chicks fledged fledged/pair)
2017 25 28 11 0.39
2018 24 24 24 1.00
2019 22 28 46 1.64
2020 25 25 58 2.32 Piping Plover Egg and Chick Loss The primary cause of egg loss on Duxbury Beach in 2020 was abandonment. In 2020, two nests were lost prior to hatching, one due to predation (one egg suspected predated by an avian predator, nest was continued nearby), and one that was abandoned. In addition, nine eggs failed to hatch from six clutches. Chick loss, while more difficult to identify, was likely due primarily to weather and predation. Complete egg and chick loss information was submitted by Duxbury Beach Reservation via PIPLODES.
Table 1-2. Piping Plover egg and chick loss information 2020. Total eggs laid: 101; total chicks hatched: 89
Suspected Cause of Loss Egg Loss Chick Loss
Predation (Likely or Suspected) 1 0
Overwash 0 1
Exposure 0 2
Abandonment 1 0
Human-related 0 1
Failure to hatch 9 0
Unknown 1 27
1.2 Other State-Listed Species In addition to Piping Plover, state-listed Least Tern (Sternula antillarum) nest on Duxbury Beach from May to August each year. In 2020, 299 (A-count, B-count of 310) pairs of Least Terns nested in five areas on Duxbury Beach. Productivity estimates ranged from Fair to Excellent with a total of 211 fledglings.
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Table 1-3. Least Tern abundance and productivity 2020.
Productivity Colony A-count B-count Estimate Fledglings
Pedestrian Beach 10 - Excellent 10
North Poles 55 - Good 48
OSV 175 - Fair 85
Third Crossover 19 30 Excellent 41
Gurnet 40 - Good 27 The primary cause of Least Tern egg and chick loss in 2020 was predation by coyote, gull, and peregrine falcon. Information regarding evidence of egg and chick loss for Least Terns is included in colony survey, crossover survey, and predator logs from NestStory.
2.0 Implementation of Covered Activities 2.1 Initiation of Covered Activities In 2020, Duxbury Beach Reservation implemented two of the four approved covered activities in the updated COI approved in March 2020: “Recreation and Beach Operations Associated with Reduced Proactive Symbolic Fencing of Piping Plover and Least Tern Habitat” and “Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks.” Reduced Proactive fencing impacted one Piping Plover pair this season. Use of roads and parking lots impacted 10 Piping Plover pairs. The updated COI approved in March 2020 added Least Terns to its CMP to allow exposure of up to 25 pairs on Duxbury Beach. In 2020, 11 pairs of least terns were impacted. 2.1.1 Recreation and Beach Operations Associated with Reduced Proactive Fencing Duxbury Beach has several primary points of access for pedestrians, individuals with limited mobility, recreational vehicles, operations vehicles, and emergency vehicles. Nesting activity in front of or on these access paths or in or near parking lots could be very detrimental to recreational and operational activities. Due to the presence of chicks on the over-sand driving portion of Duxbury Beach, OSV access has been extremely limited in recent years. In addition, many OSV users move to the pedestrian only beach when the OSV area is closed. Reducing or completely closing pedestrian access to the oceanside beach via pedestrian pathways or parking lots would effectively prevent many user groups from accessing the beach. The Reservation proposed implementing reduced proactive fencing on or around primary access paths for pedestrians and OSV users and parking lots in order to keep some parts of the oceanside beach accessible.
In 2020, one to two pairs scraped in the two processed gravel parking lots associated with Duxbury Beach Park. The first instance occurred in the “Caterers Lot” to the immediate south of the Pavilion building. The Reservation determined not to initiate the covered activity to reduce proactive symbolic fencing as the lot is typically closed due to crossing activity once hatching begins regardless. This pair did not lay eggs in the lot and likely was a pair that nested in the vicinity. However, on May 12, 2020 the Reservation did implement the covered activity due to an actively scraping pair in the overflow parking lot west of Duxbury Beach Park, as this lot is an important source of parking income for the Reservation. This activity impacted one pair of piping
Duxbury Beach Reservation, Inc. 3 | Page plover. This brood did cross the road and so is counted in the 10 take exposures associated with “Use of Roads and Parking Lots.” Implementation of Nesting Deterrence
The scraping activity observed in the Duxbury Beach Park’s overflow parking lot is the first instance of nesting activity in this parking lot on Duxbury Beach in recent years. Though this is an unpaved lot, it is not ideal nesting habitat for plovers; there is a salt marsh immediately to the west and a paved road and paved parking lot to the east. The western edge of the lot floods periodically during high tides, and there is little foraging habitat. As mentioned above, scrapes were first observed in the lot on May 12. Following discussions with NHESP, attempts were made to dissuade the pair from continuing to scrape in the lot under the covered activity “Recreation and Beach Operations Associated with Reduced Proactive Fencing” that was approved in the updated COI in March 2020. These attempts included repeated raking of scrapes and installing flagging (Table 2-1).
At the time, Duxbury Beach was closed to recreational pedestrians and vehicles, and the parking lot was gated off due to COVID-19 safety concerns. Deterrence methods included temporarily covering nesting habitat with tarps, hand raking, and erecting posts with flagging. Tarps were quickly abandoned as they proved difficult to pin down and became hazards in the wind. In order to deter nesting, the Reservation placed fiberglass rods with flagging approximately every 10 meters in the central area of the lot where scraping was observed. The lot was monitored twice daily for nesting activity and new scrapes were removed from the lot by hand raking as they were found. Deterrence methods ultimately proved ineffective, and the pair laid their first egg in the lot on May 24.
Table 2-1. Documentation of efforts to deter a Piping Plover pair from nesting within the Blakeman’s overflow lot, in order to allow the opening of the lot during the reopening of Duxbury Beach Park on Memorial Day. Deterrence efforts were ultimately unsuccessful. Date Time Deterrence Type 5/13/20 13:00 Attempted to lay down plastic sheeting on area where pair was scraping within Blakeman's overflow lot 5/13/20 17:45 Raked 1 possible scrape 5/14/20 8:20 Raked 2 scrapes 5/14/20 10:00 20 fiberglass posts with streamers placed around the Blakeman's overflow lot 5/15/20 8:16 Raked a scrape 5/16/20 9:01 Raked a scrape 5/16/20 9:16 Raked 2 possible scrapes 5/16/20 13:53 Raked a scrape 5/18/20 11:09 Raked a scrape 5/19/20 6:30 Raked 2 scrapes 5/19/20 9:04 Raked 2 scrapes 5/21/20 6:26 Raked 2 scrapes 5/21/20 16:30 Raked a scrape 5/22/20 13:05 Raked 2 scrapes 5/22/20 13:11 Raked a scrape 5/22/20 17:47 Raked a scrape 5/22/20 17:59 Raked a scrape 5/23/20 6:21 Raked a scrape 5/23/20 12:56 Raked a scrape
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5/23/20 19:00 Raked a scrape 5/23/20 19:30 Fiberglass posts removed 5/24/20 6:23 Raked a scrape 5/25/20 12:00 Raked a scrape 5/26/20 6:34 Raked a scrape
2.1.2 Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks This covered activity affected the entire length of Gurnet Road on the Reservation’s property, from the north edge of the property (Lagerstedt/Northern Lot) to the Gurnet Guardhouse in the south covering 6.4 kilometers (4 miles). Gurnet Road is an improved gravel road that provides the only access to more than 200 private residences in the Town of Plymouth, of which fewer than ten residences are occupied throughout the year. In addition, the Town of Duxbury has a mutual aid agreement with the Town of Plymouth to respond to fire, police, and other emergency calls utilizing Gurnet Road for access to assist property owners and their guests. Since Gurnet Road provides court-protected access for residents and visitors to Gurnet- Saquish, the road can only be closed temporarily to allow the crossing of listed species. Not all broods cross the road during the nesting season however each season there are crossing events. Some broods were frequent or daily crossers, whereas others crossed once during the season (Table 2-2). Twelve plover broods crossed the road in 2018 and 2019. In 2020, 15 broods crossed or attempted to cross the back road or enter parking lots on Duxbury Beach, a historical high for Duxbury Beach. However, based on chick locations and necessary closures to parts of the OSV portion of the beach, the Reservation implemented a plan to limit all recreational traffic on certain parts of the site, thereby avoiding exposure of five of the 15 crossing broods. Therefore, in 2020, use of roads and parking lots in the vicinity of unfledged Piping Plover broods impacted 10 broods on Duxbury Beach. Road Crossing Activity In 2020, the first instance of brood use of the back road occurred on June 8 when brood 12A crossed the road from oceanside to bayside near the second cut-out south of Crossover 1. The Natural Heritage and Endangered Species Program was notified of the earliest estimated hatch date and proposed beginning of 0600-2000 hr monitoring coverage on May 23 (three days prior to the earliest estimated hatch date of May 26) via email on May 19, 2020 as it was not known when crossing activity would begin. Initiation of intensive monitoring in preparation of potential road crossings began three days prior to each estimated hatching (Table 2-3). Intensive monitoring ended at least three days after the brood was last seen in cases of loss. For crossing broods to be considered fledged and intensive monitoring to end, all chicks had to be seen flying across the road (at suitable height to avoid vehicles, distance >50 ft). In the case of non-crossing broods, the brood was considered fledged after all chicks were observed in sustained flight >50 ft. The number of broods that crossed this season increased from 2019. A total of 15 broods crossed or attempted to cross the back road at least once during 2020. Prior to 2018, the maximum recorded number of crossing broods had been 11. In 2018, this number increased to 12 and remained the same for 2019. A summary of brood crossings can be found in Table 2-2. This chart was updated weekly during the nesting season to track crossing activity and brood status and emailed to NHESP. In 2020 there were several instances of delayed crossing activity – four broods crossed for the first time when the chicks were over one or two weeks old. Unlike in 2019, there were only two instances of broods spending prolonged periods of time in the road (none longer than an hour, with herding implemented). While the two broods from the replicated habitats and the broods south of the habitats went into the road once or twice in 2020, none of these broods fully crossed the road, in contrast to broods in this area in 2018 and 2019.
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Table 2-3. Piping Plover hatch and fledge dates during 2020 and the number of chicks fledged per brood. Broods in bold are those that crossed or attempted to cross the road/parking lots.
Broods Exposed to Brood Hatch Date/Date Found* Fledge Date/Date Last Seen # Chicks Fledged Recreational Traffic (Y/N)
01A 6/6/2020 7/10/2020 1 N
02A 6/10/2020 7/10/2020 2 Y
03A 6/8/2020 7/19/2020 2 Y
04A 6/7/2020 7/9/2020 3 Y
05A 6/7/2020 7/9/2020 1 Y 06A 6/9/2020 7/12/2020 4 N
07A 6/9/2020 7/11/2020 3 N 08B 6/24/2020 7/27/2020 3 N
09A 6/13/2020 7/16/2020 4 N
10A 6/10/2020 7/11/2020 3 N
11A 6/10/2020 7/14/2020 2 Y
12A 6/6/2020 7/12/2020 3 Y
13A 6/12/2020 7/15/2020 4 Y
14A 6/10/2020 7/12/2020 1 Y 15A 6/17/2020 7/21/2020 2 N
16A 6/19/2020 7/24/2020 2 Y 17A 6/21/2020 7/8/2020 0 N
18A 6/22/2020 7/25/2020 3 N
19A 6/20/2020 7/31/2020 4 N
20A 6/28/2020 7/29/2020 3 Y 21A 6/22/2020 7/21/2020 2 N
22A 6/29/2020 8/3/2020 2 N
23A 7/2/2020 7/19/2020 0 N
24A 7/6/2020 8/3/2020 2 N
25A 6/25/2020 7/28/2020 2 N
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*Initiation of intensive monitoring for broods began 3 days prior to estimated hatch date. Road Crossing Data Road crossing data was collected during each crossing event by the Shorebird Monitor assigned to the roadside for the brood with a unique field in NestStory specifically created for Duxbury Beach. A summary of crossing activity by each crossing brood can be found in Table 2-4. No crossing broods were impacted by recreational activity pertaining to the back road following the reopening of the crossovers at the end of July. Crossing occurrences were frequent in 2020, oftentimes with multiple crossings occurring at once. In addition, some broods crossed multiple times per day and in some cases the brood split between bayside and oceanside. Not all chicks from a brood crossed the road, see Table 2-5 for number of chicks that crossed. Maximum crossings per day: 12 crossings (includes portions of broods and full broods) during the week of July 6, 2020 Average crossings per day: 3 crossings Minimum length of time for crossing: Less than one minute. Time was recorded from when chicks crested the dune through when the brood was past the high tide line on the bayside (or vice versa depending on the direction of travel). Maximum length of time for crossing: 2 hours: This was due to broods being difficult to locate after the birds left the road. Guided escort of vehicles were implemented while the missing chicks were located, in case the chicks came into the road again. Average length of time for crossing: 18 minutes Maximum crossings for one brood in one day: 5 crossings Total crossings for the season: 141 crossings The number of crossings increased from 98 in 2019 to 141 in 2020 (although this was still a decrease from the 288 crossings in 2018). However, the average length of time per crossing decreased from 29 minutes in 2019 to 18 minutes in 2020. It is not known what caused the increased number of crossings in 2020. Broods between the vehicle crossovers crossed more in 2020 than in 2019 (65% of all crossings in 2020 occurred between the crossovers).
Table 2-4. Piping Plover crossing activity per brood in 2020.
Brood First Crossing Date Last Crossing Date Days with Crossings Total Crossings
2A 7/1/2020 7/8/2020 8 19
3A 6/12/2020 6/18/2020 3 4
4A 6/9/2020 6/10/2020 2 2
5A 6/10/2020 6/13/2020 2 2
7A 6/21/2020 6/30/2020 3 3
10A 6/30/2020 6/30/2020 1 1
11A 6/16/2020 7/8/2020 15 20
12A 6/8/2020 7/8/2020 14 21
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13A 6/12/2020 7/13/2020 20 28
14A 6/18/2020 7/2/2020 4 7
16A 6/21/2020 7/16/2020 4 6
18A 7/18/2020 7/21/2020 3 6
19A 6/21/2020 6/22/2020 2 2
20A 7/7/2020 7/21/2020 6 10
25A 6/27/2020 6/30/2020 2 2
Table 2-5. Approximate age of Piping Plover chicks at time of first road crossing in 2020.
Brood Age at First Crossing (# Days) # Chicks at First Crossing Total # Crossing Chicks
2A 25 2 2
3A 4 3 4
4A 2 4 4
5A 3 2 2
7A 13 1 4
10A 19 3 3
11A 6 1 4
12A 3 4 4
13A 0 4 4
14A 8 2 2
16A 3 1 2
18A 26 3 3
19A 3 4 4
20A 9 3 3
25A 2 2 2
Implementation of Barriers Due to the locations of nesting activity and brood crossings in 2020, the use of barriers was discussed on five occasions. All five barriers were implemented according to the barrier use protocol. The first barrier was installed in the Duxbury Beach Park’s overflow lot, first as a corral-type barrier to herd brood 20A from the nest
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site within the lot to the bayside beach, and then to block the brood’s access to the lot. Prior to this, attempts were made to dissuade the pair from nesting in the lot, but these efforts were ultimately unsuccessful. The pair’s first nest attempt was predated almost immediately after the first egg was laid on May 24. The continuation nest, 20A, was laid two days later on May 26. The corral barrier was installed on June 22, the brood hatched all four eggs on June 28, and was herded through the corralled area to the bayside beach on the same day with permission from NHESP. The barrier to block access back to the lot was installed on June 28 as well, and remained there until the brood fledged on July 29. Both the corral barrier and the barrier blocking access to the lot were checked a minimum of twice daily in case repairs needed to be made. A second barrier was proposed and installed on the northern end of the Resident and Resident Overflow Lots to facilitate the crossing of brood 02A, which began crossing frequently when the chicks neared fledging. Initially, sawhorses were set up to bar vehicle access to the parking spots in this area on July 1, and the northern Resident Overflow Lot was fenced off as a closed area. The pedestrian paths to oceanside and bayside were also fenced off to prevent beachgoer access. However, the brood began to cross through the unprotected areas of the parking lots, so more rigorous barriers were installed on July 4 in order to prevent crossing through the southern portion of the parking lot, while still allowing crossing through the northern end. These barriers were placed along the rebar fencing within the Resident Overflow Lot (running perpendicular to the lot to prevent chicks from moving south in the parking lot rather than east/west to cross). Barriers were also placed in the openings of pedestrian paths to the immediate south of the crossing area. Barriers were designed so that beachgoers could still use the paths, but the plover chicks could not. These barriers and measures remained in place until the brood fledged on July 10. The barriers were checked a minimum of twice daily in case repairs needed to be made. The remaining three barriers were implemented for Least Tern chicks and are discussed in section 2.1.3 below. Implementation of Herding In 2019 a new phenomenon was observed on Duxbury Beach. Historically, brood crossings of the back road have been relatively brief, with broods occasionally needing to travel north or south along the road for periods of time to find suitable access through the oceanside or bayside vegetation to the beach. However, in 2019, broods were observed brooding, foraging, and resting in the road for prolonged periods of time without attempting to cross. It was noted on several occasions that these instances of non-crossing use of the road coincided with periods of high wind. Therefore, it is possible that the broods viewed the road as an interdune space in which to take refuge during high winds or from predators. In 2020, Duxbury Beach Reservation implemented its herding protocol. This includes herding the brood off the road or parking lot and escorting vehicles past the area at scheduled times during daylight hours. Outside of scheduled times, vehicles may have to wait to travel until the next scheduled escort time. The first instance of a brood foraging and loafing in the road occurred on June 27, south of the 3rd crossover. Brood 25A was found in the road at 07:10 and then appeared to have difficulty finding an area in which to cross back bayside. Herding was used to get them safely off of the road at around 07:45. On June 28, brood 07A also spent time foraging in the road north of the 3rd crossover at 06:35 and was herded back to bayside at 07:15. Brood 25A, and brood 10A (plus the 3 chicks 10A adopted from 07A) were found foraging in the road on June 30 at 06:30 and were herded back to the bayside beach between 07:00 and 07:30. During this time, a car from Gurnet-Saquish drove right through the crossing and narrowly missed hitting 25A, but all chicks made it safely to bayside. During the time when brood 02A was crossing through the Resident Lot, herding had to be implemented on two occasions when the brood strayed south and out of their protected crossing area. Both crossings occurred on July 6. In both cases, the chicks strayed south, could not cross through the pedestrian paths with barriers, and had to be herded back to the protected area and the path that was open to the chicks. The first incident
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occurred from 08:05 to 08:15, and the second from 12:05 to 12:10. During the first crossing, only one chick went through the lot, as the other chick and parents had crossed earlier with no incident. The second chick made it across safely after herding. Both chicks crossed during the second incident, and both successfully and safely crossed.
Table 2-6. Implementation of active herding by monitors on Duxbury Beach in 2020. All herding done with permission from MADFW.
Date Start Time in End Time in Brood Road Road
6/8/2020 16:10 16:45 12A
6/27/2020 7:00 7:50 25A
6/28/2020 6:35 7:20 07A
6/30/2020 6:30 7:30 07A
6/30/2020 6:30 7:30 10A
6/30/2020 6:30 7:30 25A
7/6/2020 8:05 8:15 02A
7/6/2020 12:05 12:10 02A
2.1.3 Implementation of Least Tern Proximity Monitoring The Reservation employed Field Technicians, Monitor Supervisors, and Shorebird Monitors to provide extensive monitoring of Least Tern chick nesting areas and chick nurseries. This included monitoring of Least Tern nurseries within 100 meters of open OSV crossovers from 08:00-20:00. The average pair number on Duxbury Beach over the past three seasons (2017-2019) is 159 pairs. The take exposure allowed up to 16% of pairs to be impacted by covered activities during the 2020 season, or up to 25 pairs of Least Terns on Duxbury Beach. The take exposure for Least Terns was used to implement the covered activity Use of Roads and Parking Lots in the Vicinity of Unfledged Least Tern Chicks to allow use of the 1st and 2nd crossovers in accordance with procedure outlined in the amended COI submitted March 2020. To minimize risk to Least Tern chicks within 100 meters of an open OSV crossover, the Reservation increased monitoring of the tern nursery area. If chicks were within 30-100 meters of the crossover, the nursery was monitored every hour from 08:00-20:00. If chicks came within 30 meters of the crossover, a monitor remained with the colony constantly from 08:00-20:00 to observe the Least Tern chicks and nesting adults. In the case that a Least Tern chick moved within 15 meters of the crossover, the tern chick was herded 5 meters beyond the 15-meter buffer. To do so, the monitor walked slowly towards the chick, coming from the direction of the crossover. The monitor was instructed not to push the chick towards the water or roadway, but attempted to herd the chick parallel to the shoreline. No parking was permitted within 100 meters of the nursery. Fencing was placed to allow a driving corridor but no parking along the beach in the direction opposite to the tern colony until the vehicle was at least 100 meters from the edge of the nursery area. This area was adjusted if the nursery area expanded or reduced. Monitors
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collected data about the colony/nursery within 100 meters of a crossover via the NestStory app. Monitors recorded numbers of incubating adults and tern chicks (according to age class) at least once per shift. In the event that a Least Tern nursery area was within 50 meters of a crossover and the crossover was open to OSV access between 20:00 and 22:30/23:30, additional protection was put in place for nighttime use. The Reservation implemented a barrier as an additional protection measure. The barrier was not used if the area overlapped with the Piping Plover brood range and was not used within 15 meters of a Piping Plover nest. The barrier was constructed approximately 15 meters from the crossover in accordance with NHESP recommendations: plastic sheeting dug several inches into the ground, and extending from 1.5 meters above the high tide line to the sand fencing. Tern chick shelters were placed (one per chick within 100 meters) in the nursery area to discourage movement towards the barrier. A staff member checked the barrier for entanglements or other problems every three hours between 08:00 and 20:00. The barrier was installed for as brief a period as possible – either two days before the earliest estimated hatch date for Least Tern nests within 100 meters of the crossover or two days prior to reopening the crossover following a closure due to other activity. If activity was observed between the barrier and the crossover, a monitor would have been stationed at the crossover while MADFW was contacted to determine best course of action. No activity was observed between the barrier and crossover during in 2020. The Reservation employed intensive monitoring of Least Tern nests and chicks near the crossovers from August 10 through August 17 (1st crossover) and July 27 through August 18 (2nd crossover) (Table 2-7, which lists only the instances when tern chicks and incubating adults were within 100 meters of the crossovers). Herding was to be employed should any chicks come within 15 meters of the crossover. This was not necessary as no chicks came within 15 meters of either crossover, and between regular monitoring and the implementation of barriers, the OSV was able to reopen after July 27. No chicks were observed sheltering at the barriers, which may have been due in part to the presence of chick shelters. Tern chicks were observed utilizing the chick shelters consistently, though this information was not recorded specifically during monitoring. However, gulls appeared to key in on the use of shelters by the chicks and target the shelters. There were no chicks within 100 meters of the 1st crossover from August 10 through August 17. In 2020, 11 Least Tern chicks within 100 meters of Crossover 2 were exposed to covered activities between July 27 and August 18 (the crossover closed on June 22 and reopened on July 27). The highest counts of Least Tern chicks in proximity to Crossover 2 occurred in the last few days of July (July 27 and July 29 specifically). Lower counts in August (Table 2-7) represent chicks fledging and/or leaving the area within 100 meters of the crossover.
Table 2-7. Unfledged Least Tern chicks observed within 100 meters of an open OSV crossover in 2020. Date Time Time Off Colony Code # LETE incubating # LETE Chicks within Start within 100 meters 100 meters 6/16/20 12:56 12:58 XO2-North 1 0 6/17/20 12:03 12:04 XO2-North 13 0 6/18/20 6:37 6:39 XO2-North 5 0 6/19/20 6:28 6:37 XO2-North 10 0 6/20/20 6:40 6:40 XO2-North 12 0 6/21/20 7:12 7:12 XO2-North 20 0 7/27/20 6:33 6:47 XO2-North 3 1 7/27/20 8:29 9:14 XO2-North 0 10 7/27/20 10:10 13:28 XO2-North 4 4 7/27/20 14:28 17:25 XO2-North 4 4
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7/27/20 18:13 19:35 XO2-North 3 3 7/28/20 6:37 10:08 XO2-North 3 1 7/28/20 10:38 17:13 XO2-North 3 4 7/28/20 18:11 19:51 XO2-North 2 5 7/29/20 6:49 7:09 XO2-North 2 0 7/29/20 6:51 11:14 XO2-North 2 11 7/29/20 12:32 19:34 XO2-North 2 4 7/30/20 6:20 6:47 XO2-North 2 3 7/30/20 6:20 12:31 XO2-North 2 3 7/30/20 13:15 19:31 XO2-North 1 6 7/31/20 6:12 12:18 XO2-North 2 6 7/31/20 13:21 19:21 XO2-North 1 6 8/1/20 6:16 6:38 XO2-North 0 7 8/1/20 6:21 12:41 XO2-North 0 5 8/1/20 12:45 19:31 XO2-North 1 8 8/2/20 6:23 12:28 XO2-North 0 6 8/2/20 12:24 19:29 XO2-North 0 6 8/3/20 6:22 12:40 XO2-North 0 5 8/3/20 13:45 19:18 XO2-North 0 6 8/4/20 6:58 12:39 XO2-North 0 5 8/4/20 13:22 19:15 XO2-North 0 3 8/5/20 6:47 7:04 XO2-North 0 3 8/5/20 7:31 12:18 XO2-North 0 3 8/5/20 13:22 19:27 XO2-North 0 4 8/6/20 6:37 12:41 XO2-North 0 4 8/6/20 6:33 7:02 XO2-North 0 5 8/6/20 13:20 16:52 XO2-North 0 3 8/7/20 6:57 12:59 XO2-North 0 2 8/7/20 13:25 19:29 XO2-North 0 2 8/8/20 6:12 12:00 XO2-North 0 2 8/8/20 6:19 6:51 XO2-North 0 2 8/8/20 13:18 19:31 XO2-North 0 3 8/9/20 6:20 6:46 XO2-North 0 2 8/9/20 6:31 12:32 XO2-North 0 2 8/10/20 13:40 19:40 XO2-North 0 2 8/11/20 6:29 12:41 XO2-North 0 2 8/11/20 13:28 19:41 XO2-North 0 6 8/12/20 6:42 12:28 XO2-North 0 2
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Implementation of Barriers for Least Terns
The third barrier was proposed and installed across the 2nd crossover to prevent Least Tern chicks from entering the road. This was precipitated by a Field Technician encountering a Least Tern Chick in the 2nd crossover on the morning of July 20. The chick proceeded to walk into the road and continued north before being herded back to the crossover and onto the oceanside beach. This was the first recorded incident of a Least Tern chick entering the roadway. The barrier was installed later that same day, and was checked a minimum of twice daily for any necessary repairs until it was removed on July 26 prior to the reopening of the 2nd crossover. The fourth and fifth barriers were proposed and installed 15 meters north of the 2nd crossover and 15 meters south of the 1st crossover, respectively. Both were implemented in order to prevent Least Tern chicks from entering the open portions of the OSV. The fourth barrier, at the 2nd crossover, was installed on August 5 and was removed on August 13. The fifth barrier, at the 1st crossover, was installed on August 10 and was removed on August 13. Both barriers were checked a minimum of twice daily to make any necessary repairs.
2.2 Emergency Request for COI Amendment 2.2.1 Emergency Request for Additional Take Exposure for Piping Plovers On June 12, 2020, the Reservation submitted a request for an emergency amendment to its COI to increase the take exposure allowed on Duxbury Beach. Duxbury Beach Reservation’s emergency request was approved by MADFW on June 23, 2020. The average pair number on Duxbury Beach over the past three seasons (2017-2019) is 25.6 pairs. The increase to the take exposure limit allowed up to 12 pairs or 46% of the pairs present in 2020 to be impacted by covered activities on Duxbury Beach. The additional take exposure was requested to implement the covered activity Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks as described in the Duxbury Beach Reservation’s Certificate of Inclusion issued in 2018 (amended in 2020). The additional take exposures were not utilized during the 2020 season due to both crossovers closing between June 22 and July 27. 2.3 Disturbance and Mortality Associated with Covered Activities When compared to crossing broods, non-crossing broods in 2020 had a lower productivity rate (Table 2-8). This is the opposite of what occurred in 2019. Ten broods did not attempt any crossings. Of these 10 non-crossing broods, eight successfully fledged at least one chick. The two non-crossing broods that did not successfully fledge any chicks were Broods 17A and 23A. At least 2 of the four chicks from 23A were lost to heat exposure and malnourishment, the other two disappeared. Brood 17A was not seen after July 8, and it is unknown what caused the disappearance of all three chicks. As in 2019, some broods ranged extensively on the oceanside beach, potentially due to lack of competition. In 2020, 1 brood, brood 19A, ranged extensively on the oceanside beach. Brood 19A did not cross the road, and ranged from 499 meters north of the 3rd crossover to 443 meters south of the 3rd crossover (about 942 meters). Brood 19A fledged four chicks.
Table 2-8 Comparison chart of productivity for crossing vs non-crossing broods on Duxbury Beach in 2020.
# Fledged Chicks # Broods Productivity
Crossing 38 15 2.53 Broods
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Non-Crossing 20 10 2.00 Broods
Total 58 25 2.32 *Total productivity does not include pairs that did not hatch chicks 2.3.1 Mortality Associated with Covered Activities Despite extensive monitoring of broods there was one instance of Piping Plover chick mortality due to vehicles on the back road in 2020. The mortality was discovered on July 3 at 05:57 by the Program Coordinator as he drove on the back road into work for the day. He noticed the dead chick on the west side of the road and stopped his car nearby to block traffic from passing through on the west side. The chick appeared to have been struck by a vehicle overnight and had extensive injuries, most notably a broken leg and flattened body. The chick was found near the typical crossing location of brood 11A, and it was suspected to be from that brood. Brood 11A had last been located the previous evening (July 2) at 17:18 with three chicks by a Shorebird Monitor. Brood 11A was relocated on oceanside with two chicks at 07:17 by a Field Technician, confirming that the deceased chick was from that brood. This mortality was not associated with recreational activity, as the back road was closed to recreational vehicles at the time of the incident, having closed south of the Powder Point Bridge on June 22. Duxbury Beach Reservation submitted an incident report detailing the event to MADFW and USFWS. Following the vehicle mortality incident, the Reservation and Beach Operations Department assessed current protection and management to determine how future risk could be mitigated.
3.0 Impact Minimization 3.1 Responsible Staff Duxbury Beach is a unique beach in many ways from its ownership to its management. As owner of Duxbury Beach, the Duxbury Beach Reservation has overall responsibility to ensure that the Endangered Species Program is a sound and well executed program. The Reservation works with the Town of Duxbury Police Department – Beach Operations Division to implement the program. The roles and qualifications of each group are outlined below. 1. Duxbury Beach Reservation a. Executive Director, Cris Luttazi Ms. Luttazi holds a BS in Marine and Freshwater Biology, as well as, a BS in Finance from Kingston University, London, England, and Bridgewater State College, respectively. Ms. Luttazi is the Reservation’s first appointed Executive Director and has held the position since June 2017. Prior to her current appointment, Ms. Luttazi was employed with Mass Audubon Coastal Waterbird Program for six years and the Woods Hole Oceanographic Institution. Ms. Luttazi is the chief operating officer and controller of the corporation and reports to the Reservation’s President and the Board of Directors. Included in the duties and responsibilities of the Executive Director are leadership and management of the Reservation, inclusive of the Endangered Species Program. b. Assistant Director, Brynna McGlathery
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Ms. McGlathery holds a BS in Biology and Environmental Science from Tufts University. Prior to joining the Reservation as the Reservation Coordinator, Brynna worked as the Field Coordinator for the Mass Audubon Coastal Waterbird Program, as a shorebird technician for the Massachusetts Trustees of Reservations, and with the Rachel Carson National Wildlife Refuge in Wells, Maine, focusing on Piping Plover and Least Tern protection. Ms. McGlathery is responsible for the oversight of all facets of the Endangered Species Program on Duxbury Beach, coordinating the efforts of the Duxbury Beach Coastal Ecology Program and communicating with the Town of Duxbury Beach Operations Division. Ms. McGlathery is responsible for reporting to the Duxbury Conservation Commission as it relates to beach operations under Order SE 18- 1198. c. Co-Chairman of the Duxbury Beach Reservation Technical Committee, Alan Vautrinot Mr. Vautrinot is the co-chairman of the Duxbury Beach Reservation Technical Committee and has supported the Reservation by managing regulations related to shorebird management since 1991. Mr. Vautrinot holds a Massachusetts surveyors license and is partner of Vautrinot Land Surveying, Inc. d. Coastal Ecology Program Coordinator, Bradford Bower Mr. Bower holds a BS in Ecology, Evolution, and Behavior from the University of New Hampshire and a master’s in environmental GIS from Unity College. Prior to working with the Reservation, Bradford worked as the Lead Monitor Supervisor of the Duxbury Beach Endangered Species Program under the Town of Duxbury. Previously, Bradford worked in coastal waterbird monitoring and protection for USFWS at Maine Coastal Islands NWR in Maine and for the Mass Audubon Coastal Waterbird Program. The CEP Coordinator reports directly to the Assistant Director and is required to communicate routinely with the Town of Duxbury Beach Operations Division. The CEP Coordinator is responsible for the daily operation of the Duxbury Beach Endangered Species Program, including overseeing the Shorebird Monitors, Monitor Supervisors, and Field Technicians. e. Field Technicians (3 positions) Three seasonal Field Technicians are employed by the Reservation from late March through August to implement monitoring, data collection, and reporting for nesting protected coastal waterbirds, including Piping Plover and Least Tern, on Duxbury Beach. Field Technicians are responsible for locating and identifying protected species nesting and foraging areas; collecting nesting data, including spatial data; monitoring pair, clutch, and brood status; communicating changes in location or behavior of protected species as necessary to CEP Coordinator, Shorebird Monitors/Monitor Supervisors, and Assistant Director; working with Shorebird Monitors to ensure that fencing and signage provide adequate protection for nests and chicks; assisting in the training of Shorebird Monitors; locating clutches and chicks prior to the opening of the beach to non-essential vehicles; interacting with the public to provide education about the protected species nesting on Duxbury Beach; and submitting nesting summary data to NHESP. The Field Technicians reports directly to the CEP Coordinator and are required to communicate routinely with the Monitor Supervisors, Assistant Director, and Beach Operations staff. f. Monitor Supervisor (3 positions)
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The Reservation employs three Monitor Supervisors from late April through August to perform supervisory and administrative work in the management of the Endangered Species Program. The Monitor Supervisors assist the CEP Coordinator in initial and continued training of Shorebird Monitors. In addition, the Monitor Supervisors work to schedule and place monitors for protection of Piping Plover and Least Tern chicks. The Monitor Supervisors assist as needed in locating clutches and chicks prior to opening the beach and help Shorebird Monitors locate broods as necessary throughout the day. As necessary, the Monitor Supervisors communicate with Town of Duxbury Beach Operations staff and the general public regarding motor vehicle, pedestrian, or dog closure areas on Duxbury Beach. The Supervisors reports directly to the CEP Coordinator and are required to communicate routinely with the Field Technicians, Assistant Director, and Beach Operations staff. g. Shorebird Monitors Approximately 30-40 Shorebird Monitors are employed from May through August by the Reservation to assist in the protection of the listed shorebird species nesting on Duxbury Beach, including Piping Plover and Least Tern. Monitors are responsible for collecting behavioral data on chicks and broods, including location and movement of listed shorebird species. In cases where a monitor is deemed to have adequate experience and has a proven track record of being a qualified shorebird monitor, the Monitor Supervisors may use such monitors to confirm chick location and number prior to opening the beach. Monitors are also responsible for observing and recording environmental data, predator presence, and avian community composition. Monitors interact with the public to provide information about beach rules and regulations and to answer questions as necessary in a polite and professional manner. Shorebird Monitors report directly to the Monitor Supervisors. Monitors are required to communicate routinely with the Field Technicians and the CEP Coordinator. Monitors are required to attend a training held by the Reservation at the commencement of the monitoring season. This training includes plover and tern nesting biology and conservation efforts, chick monitoring protocols, data collection, beach rules and regulations, public interaction protocols, focal species and predator tracking, and special projects. In addition, the monitors receive ongoing in-field training to ensure classroom instruction is carried out correctly. Throughout the summer, monitors receive additional classroom training as needed as well as informal support while on the beach.
2. Town of Duxbury Police Beach Operations Division a. The Duxbury Police Department has full-time and seasonal staff that are responsible for managing the safety of the public on Duxbury Beach and supporting and upholding the rules and regulations of the Duxbury Beach Endangered Species Program. Chief of Police Stephen McDonald and Deputy Chief Michael Carbone have executive responsibility for the Duxbury Police Department including the enforcement of all applicable laws and regulations relative to the use of Duxbury Beach. b. Lt. Lewis Chubb is the Administrative Supervisor for the Beach Operations Supervisor and participates in policy and operational decisions relative to the Beach Operations Division. c. Beach Operations Supervisor, Sergeant Friend S. Weiler Jr. Sgt. Friend Weiler holds a master’s degree in Criminal Justice from Northeastern University, as well as a BA in Sociology from Connecticut College. He has been with the Duxbury Police Department
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since 1995. Sgt. Weiler has held many positions within the department including Juvenile Detective, Traffic Safety Coordinator and School Resource Officer. He is currently the Professional Standards and Training supervisor, the Firearms Licensing Officer and Beach Operations Supervisor.
d. Police Officers The Police Officers assigned to Duxbury Beach are responsible for patrolling the beach and enforcing the conditions and regulations of the Endangered Species Program, including supporting the Shorebird Monitors and Monitor Supervisors during road crossings. These Officers report directly to the Beach Operations Supervisor. e. Beach Rangers Beach Rangers are present on the beach during operating hours to control access, oversee parking, and enforce beach rules and regulations. The Beach Rangers will receive training related to Endangered Species management and will assist in outreach, informing visitors of rules and regulations related to nesting birds, and answering questions related to bird activity and management. 3.2 Impact Minimization Measures Impact minimization measures helped to limit the number of takes by reducing exposure of adults and chicks to vehicles traveling on Gurnet Road. There are four impact minimization measures outlined in the HCP that were implemented as a condition of the covered activity “Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks.” The four measures to be employed on Duxbury Beach include barriers, signage, managing traffic, and staff training. Barrier usage was described in detail above (Section 2.1.2). In addition, intensive monitoring was required when chicks were near roads and parking lots, as mandated in the HCP, and described in detail below. In 2020, eight broods were intensively monitored beyond the requirements of the COI. None of these broods were exposed to recreational vehicles, however five of these eight were exposed to essential vehicle traffic while crossing the road. At least three of these broods were monitored as mitigation for the emergency request for additional take exposures approved by MADFW on June 23, 2020. 3.2.1 Signage Signage on Duxbury Beach in 2020 was extensive and varied depending on purpose and audience (vehicle versus pedestrian). Signage notifying beachgoers of protected areas and certain beach rules (such as dogs, speed limits, and social distancing due to the COVID-19 pandemic) was plentiful and enforced by the presence of enforcement and monitoring staff. Seasonal symbolic fencing consisting of rebar posts and orange twine was erected the fourth week of March to proactively protect potential habitat. As the season progressed, symbolic fencing was placed around new nesting areas. “Closed Area” signs were placed on every other post. These symbolically fenced areas are referred to as “Closed Areas.” Additional fencing was erected two to three days prior to a brood’s estimated hatch date to provide protected areas for the chicks. Restricted Areas extended 200 meters north and south of the brood range and 100 meters north and south of the tern colony (adjusted as necessary) and included the entire site east to west (oceanside beach to bayside beach). Depending on brood behavior and proximity to OSV areas, plover restricted areas were sometimes reduced to 100 meters north and south after the first week. Signs informing visitors of the restrictions were located on perpendicular fences with arrows indicating that pedestrians must walk around
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fencing rather than ducking under. There was no nighttime recreational driving on the OSV in 2020 and so no special measures were put in place (as outlined in the amended 2020 COI). In cases where vehicle pull-offs fell within the Restricted Area, these pull-offs were closed to all vehicles (not including enforcement and monitoring staff). Sections of roadway within a Restricted Area were delineated with orange posts or barrels and reduced speed limit signs (speed drops to 5 mph) placed in the center of the road. These signs designated the Restricted Area on the roadway. These reduced speed limit signs were also placed in front of the permanent 15 mph signs that were located within Restricted Areas. 3.2.2 Managing Traffic Multiple parties were responsible for identifying the need for alterations to traffic flow on Duxbury Beach. In order to properly determine where vehicles were permitted on the site, a sweep of the beach was performed each morning from 06:00-08:00 by Field Technicians, and Monitor Supervisors, when broods were present to locate prioritized broods (those adjacent to open sections of the road and within 1000 meters of the open OSV). Non-prioritized broods (those greater than 1000 meters from the open OSV and not adjacent to open road) were located between 08:00-10:00. In 2020, this intensive monitoring began May 23, three days prior to the first estimated plover hatch date on site, and three days prior to the reopening of the town-leased portion of the beach. Once the sweep was complete and any necessary adjustments were made to Restricted or Closed Areas, Beach Operations then opened the appropriate crossovers to over-sand permit holders after 08:00. Once the beach was closed, traffic to Gurnet-Saquish is limited to residents and authorized visitors. Monitoring efforts by Field Technicians, Monitor Supervisors, and Shorebird Monitors prior to the beach opening and throughout the day determined the locations of Restricted Areas and thus the location and number of vehicles permitted on the beach. The OSV corridors and access points were adjusted or closed if vehicle presence was deemed a disturbance to courting or incubating adults or if plover broods moved or expanded their range. In 2020, adjustments were made to access at both the First and Second Crossovers to limit disturbance to plover pairs setting up territories. The location of Piping Plover broods and Least Tern colonies necessitated the closures of all three vehicle crossovers for several weeks. Town of Duxbury Beach Operations staff were responsible for enforcing traffic regulations on the OSV beach, requesting that vehicles move if protected areas shifted, and providing support for monitors. In addition, Beach Operations staff were responsible for monitoring vehicle numbers on the beach and closing beach access when the limit was reached (this varied depending on available space, though always a maximum of 500). Prior to monitor departure at 18:00, a final assessment of Restricted Area locations was performed to best ensure that vehicle use areas did not overlap, or come within 100 meters (109 yards), of unfledged chicks and no parking could take place within 50 meters (55 yards) of active nests. All crossing brood locations were captured and reported. Shorebird Monitors stationed with broods were responsible for identifying movement toward Gurnet Road and informing the Shorebird Monitor stationed on the road and the Monitor Supervisor on duty that a brood was likely to cross. This occurred as the brood began moving toward the dune or vegetation. The monitor positioned on the road stopped traffic in both directions, including pedestrian traffic, once the brood reached the snow fence or permanent symbolic fencing which is located at the toe of the dune or crest of the dune. The Monitor Supervisor (or other DBR senior staff if present/if the on-duty Monitor Supervisor was dealing with another crossing) also assisted with stopping and controlling traffic, and with keeping track of the location of the crossing brood. The oceanside monitor maintained visual contact with the brood until the roadside/bayside monitor confirmed that responsibility had shifted. Traffic remained stopped for as long as it took for the brood to cross the road and commit to the movement. This same process was followed in reverse when broods moved from bayside to oceanside. Additionally, the vehicle escorting protocol, developed in 2019 and updated in the
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2020 amended COI, was utilized if a crossing continued longer than 30 minutes. After confirming no chicks in the roadway, a Monitor Supervisor could escort five vehicles through the crossing area at a time, until all north- and southbound vehicles were through the crossing or the crossing ended. If the crossing had not concluded after escorting vehicles through, newly stopped vehicles could be escorted through after another half hour had passed, and so on, until the crossing was concluded. Vehicle-use occurs on two additional areas of Duxbury Beach – within vehicle pull-offs along Gurnet Road and the bayside beach. In order to prevent vehicles from parking within Restricted Areas along the road, all pull-offs within restricted areas were blocked with sawhorses or orange twine, caution tape, and orange cones. Beach Operations staff monitored vehicle use on the Gurnet Road and enforced rules regarding parking, beach permits, and speed limits. Recreational driving is prohibited year-round on the bayside beach. In order to ensure that chicks were not harmed or disturbed from accessing this optimal foraging area, all shellfishermen traffic was stopped on the bayside beach two days prior to the first nest hatching and the area remained closed until all chicks had fledged. In 2020, recreational access was restricted on the back road as access to the front beach for OSV operators decreased. All non-essential traffic on Duxbury Beach was restricted south of Crossover 2 beginning May 29, and south of the Powder Point Bridge beginning June 22. Vehicle pull-outs were closed along these portions of the road as well. The Gurnet-Saquish guardhouse attendant moved northward to just south of the 2nd Crossover until July 1 to ensure any non-Gurnet/Saquish traffic was stopped from proceeding down the back road. Following closure of the 2nd Crossover the Reservation recommended that the Gurnet-Saquish guardhouse be moved to the pull-out on the east side of the road, just south of the Powder Point Bridge as was done in 2019. However, the Gurnet-Saquish Corporation decided to move the guardhouse south to Gurnet after July 1. 3.2.3 Training Duxbury Beach benefits from a team of professionals with wide-ranging experiences from three different organizations: Duxbury Beach Reservation and Town of Duxbury Beach Operations Department. The result is a comprehensive monitoring program that provides both formal and informal trainings throughout the season. In 2020, year-round Police Department and Reservation employees served to provide continuity and were able to train new and seasonal staff on protocols. The largest aspect of the training program is that provided for the Shorebird Monitors. Approximately 30-40 monitors are employed May through August by the Duxbury Beach Reservation to assist in the protection of the listed shorebird species nesting on Duxbury Beach, including Piping Plover and Least Tern. Monitors in 2020 were required to attend a training held virtually by the Duxbury Beach Reservation (due to COVID-19 safety concerns and state regulations) at the commencement of the monitoring season. Training consisted of two segments, fourteen hours of classroom training over 5 days plus an additional four hours of socially distanced, small group in-field training. This training included plover and tern nesting biology, chick monitoring protocols, data collection, beach rules and regulations, public interaction protocols, focal species and predator tracking, road crossing procedures, equipment use and special projects. In addition, the monitors received ongoing in-field training and informal assessment to ensure classroom instruction was being carried out correctly. Specifically related to road crossings, monitors were trained on adult plover behavioral tendencies including the following: warning/alarm calls, foraging practices, prey habitats, tidal fluctuations, brooding characteristics, weather-induced behavioral traits, chick appearance (aging chart) and behaviors, habitat use, etc. As many of the chick crossings are indicated initially by adult behaviors, becoming familiar with adult behaviors and auditory clues was part of the training. Monitors were trained to recognize signs of disturbance of plovers and terns and proper techniques to limit disturbance to ensure that monitoring efforts did not impact bird activity and protection measures were adequate.
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Initial in-field training focused on familiarizing new employees on beach morphology and notable landmarks, fencing, and shorebird identification. Opportunities for continued in-field training were plentiful throughout the season, including answering questions from monitors as issues come up. The presence of three Monitor Supervisors working alternate shifts ensured that monitors had someone on call for support or questions. In addition, Field Technicians were available to provide additional information on current nesting activity and bird biology and behavior. The Duxbury Beach Reservation’s Assistant Director and CEP Coordinator were on site throughout the season to answer questions and ensure permit requirements were met. Additionally, Field Technicians and Monitor Supervisors were required to attend both 18 hours of virtual classroom training across six days and twelve hours of socially-distanced, small group in-field training prior to the commencement of the monitoring season, and prior to the arrival of the monitors (supervisors assisted in training the monitors). Trainings occurred throughout April and the first half of May, as the three technicians and three supervisors had staggered start dates. This training included the same topics as were later given to the monitors (listed above), but also covered band resighting, flock counting, nest searching, recording nest and chick loss, and details about the recreational nighttime driving protocol. Along with the in-field training topics mentioned above, technicians and supervisors also learned to recognize courtship behaviors, and plover and tern scrapes. The Reservation also provided trainings on the brood road crossing protocol to Town of Duxbury Beach Operations Department staff on May 22. The training covered how to identify Piping Plovers, recognizing behaviors that might occur prior to a crossing (such as warning/alarm calls and adult plovers flying into the road), how crossings are conducted, and Beach Operations’ responsibilities during crossings. 3.2.4 Piping Plover Brood Monitoring Shorebird Monitors (monitors) began on the beach on May 23, 2020, three days prior to the earliest expected hatch date (Nest 12A on May 26). From this point, monitors were typically scheduled in two to three shifts per day: from 06:00 to 13:00, and from 10:00 to 18:00, seven days per week while unfledged chicks were present. Depending on brood activity, additional shifts were occasionally added from 13:00 to 20:00 (for example, when brood 02A repeatedly crossed through the Resident Parking Lot, this shift was added to maximize the brood’s safety). Nighttime driving did not occur while Piping Plover chicks were present during in 2020, so there was not a need to schedule monitors according to the nighttime driving protocol. In contrast to previous years, when a minimum of one monitor was assigned to each brood, monitors were assigned to one of four zones designated throughout Duxbury Beach. The designated areas for each zone were: zone 1, between the southern end of Blakeman’s to the pedestrian boardwalk; zone 2, between the pedestrian boardwalk and the north poles, zone 3, between the north poles and the northern edge of High Pines; zone 4, between High Pines and the south poles. Zone 5 was the area between the south poles and the Gurnet-Saquish guardhouse, but Monitors did not regularly patrol or monitor this zone, unless chicks were present within 1000 meters of the south poles while the OSV was open for use, which occurred only briefly in 2020, in the last few days that unfledged plover broods were on the beach. The total number of monitors in a zone area on oceanside and the roadway depended on several factors, including number of broods in the area, brood range size, crossing activity, recreational use, and location. General monitoring coverage was created for planning and hiring purposes based on historic activity and was adjusted as needed. For example, monitors often had multiple broods within their assigned areas and, depending on brood crossing activity, additional monitors might be assigned to a zone to lessen the possibility that broods crossed unattended. An example of monitor coverage set-up can be seen in Map 3-1. In the event of rain or storm conditions, monitoring decreased because the broods seek shelter and searching for them could cause chick mortality. In bad weather, enough monitors are kept on for coverage of known plover road crossing areas and areas adjacent to any non-restricted over-sand areas.
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It was the responsibility of the Shorebird Monitors to limit vehicle and pedestrian disturbance to chicks. If the chicks were foraging at the water line, monitors were asked to escort beachgoers around the brood to ensure chick safety or keep the area closed to pedestrians until the brood moved to a different area. Monitors also acted as an additional deterrent (besides fencing and signage) for any vehicles approaching the Closed Areas on the oceanside beach. Monitors patrolled their assigned areas and remained far enough from broods to not impact behavior while maintaining a close enough proximity to make observations (data collection at a minimum of every two hours, often more frequently) and ensure that necessary notice was given to Monitor Supervisors and roadside/bayside monitors of probable crossings. Monitors were instructed to stay below the high tide line and as far from the brood as possible to lessen any disturbance. In addition, monitors were trained in plover and tern behavior in order to recognize signs that the birds were being disturbed by monitor presence. Monitors were instructed not to access Closed Areas. If a brood moved to the bayside, the brood was monitored by the monitor stationed on Gurnet Road while the oceanside monitor remained at the oceanside Restricted Area. Pedestrian use of the bayside is much less and due to the topography and lack of structures (snow fence and sturdy drift fence), monitors stationed on the road are able to easily intercept pedestrians approaching Restricted Areas on the bayside beach. In addition, because the road is above the bayside beach, monitors are more easily able to locate chicks and record observations without causing unnecessary disturbance. In some locations viewing chicks was difficult from the roadside. In these cases, monitors were instructed where and how to access the bayside beach to collect data and confirm chick location. Monitors carried iPads with NestStory bookmarked, with which they recorded data, including brood crossings, time and length of crossing, brood identification, and number of vehicles stopped. In addition, monitors were responsible for checking broods at a minimum of every two hours (preferably more frequently) and recording information, including brood location and number, adult location and number, behavior, and habitat type. As monitors often had multiple broods, the number of observations required was decreased from previous years in order to account for travel and search time between broods. Throughout shifts, monitors recorded predator presence or tracks, and public interactions (e.g., with dog walkers or bicyclists). This information was entered into NestStory in real-time, and quality controlled and checked during the season by Monitor Supervisors and Field Technicians. In the event that cellular connections were weak or other technical issues that prevented a monitor from utilizing NestStory, they collected the relevant information described above elsewhere on their phone or in a notebook, and back-entered it in to NestStory at a later time. Based on observations, the monitor informed the Monitor Supervisor if a brood moved within 100 meters of an OSV area so that the Restricted Area boundary could be adjusted. In order to decrease risk posed to frequently crossing broods between 20:00 and 23:30, information regarding brood location (bayside or oceanside) of all broods was relayed to staff on duty after 20:00. This information also aided in monitoring efforts the following morning to inform morning monitors of last known location. In 2020, the Monitor Supervisor on duty at 18:00 took a photo of the record of the night’s brood locations and sent it to partners via Slack for the following morning. In addition to the information captured on plover nesting and chick rearing, monitors were trained to recognize Least Tern nesting and to capture information on chick number and locations within colonies. As all the tern nesting locations included plover nests, the monitors did spend time stationed at Restricted Areas set up for tern nurseries until August when the plover chicks had fledged. At this point, monitors were assigned to restricted areas around tern nurseries located adjacent to open OSV areas where they recorded information concerning the number of incubating terns, unfledged chicks, and fledged chicks, as well as unfledged chick proximity to the edge of the Restricted Areas. Monitors were trained to inform Monitor Supervisors of changes to tern nursery boundaries so that protection measures could be adjusted accordingly.
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Data collection during monitoring was primarily electronic, through NestStory or Google Drive. Several paper datasheets were utilized to capture information about staffing and brood activity at end of day to assist staff present after 1800 hr and the next morning.
Map 3-1. Fencing erected in order to protect nesting adults, clutches, and chicks from disturbance and vehicles. This diagram illustrates one scenario of nesting, fencing, and monitoring activity on Duxbury Beach. Fencing and monitoring efforts are dependent on brood number, location, age, recreational use, and accessibility to the road (habitat configuration).
4.0 Beach Management 4.1 Law Enforcement The Town of Duxbury employs Police Officers and Beach Rangers who are responsible for enforcing Duxbury Beach rules and regulations, as well as documenting and reporting violations of the federal and state Endangered Species Acts to the appropriate enforcement agency. They are responsible for enforcing traffic regulations on site, including parking, speed limits, OSV beach use and access, and traffic restrictions during brood crossings. They are responsible for stopping OSVs from queuing on the back road prior to the beach opening and escorting OSVs to the open Crossovers upon opening. Duxbury Beach is patrolled 12 months a year. On weekends a maximum of seven enforcement staff are present on the beach, and on weekdays a minimum of four are present. They are also responsible for enforcing dog rules. From September 15 through April 1, dogs are permitted as listed under the Town of Duxbury dog regulations. Dog walking is not permitted in vegetated areas or fenced areas year-round. Duxbury Beach is patrolled 12 months a year. On weekends a maximum of seven enforcement staff are present on the beach, and on weekdays a minimum of four are present. Beach Operations enforcement staff patrolled Duxbury Beach from 7:00-22:30 Monday through Thursday and 07:00-23:30 Friday through Sunday from May through September in 2020. Historically, there have been instances during which Operations staff were required to drive through Restricted Areas to perform management or respond to emergencies. An essential vehicle log was prepared for the 2020 season to capture this vehicle use, however, no such instances occurred in 2020.
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Over the course of the nesting season (April-August), Beach Operations enforcement staff issued warnings and citations on Duxbury Beach for numerous infractions, including speeding, failure to follow dog regulations, and entering closed areas (Table 4-1). Beach Operations staff also responded to reports of infractions from Shorebird Monitors, Monitor Supervisors, and Field Technicians that were deemed likely to impact adults or chicks in the area.
Table 4-1. Citations and Warnings issued by the Beach Operations Department on Duxbury Beach during April-August 2020.
Category Type April-August
Citations Issued 3
Speeding Written Warning 0
Verbal Warnings 54
Citations Issued 0
Fail to Leash or Control Dog Written Warning 0
Verbal Warnings 15
Citations Issued 8
No Oversand Permit on Vehicle Written Warning 0
Verbal Warnings 10
Citations Issued 0 Person or Animal in Dune, Written Warning 0 Fenced Off, or Protected Area Verbal Warnings 10
Citations Issued 303
Parking Violations Written Warning 0
Verbal Warnings 0
Citations Issued 0
Drinking of Alcoholic Beverages Written Warning 0
Verbal Warnings 5
Citations Issued 0 Fire Left Unextinguished or Fire Written Warning 0 Remnants Left Verbal Warnings 9
Citations Issued 0
Littering Written Warning 0
Verbal Warnings 0
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Citations Issued 314
Total Written Warning 0 Verbal Warnings 103
4.2 Listed Species Monitoring and Management Monitoring of listed species on Duxbury Beach is multifaceted with in-field and reporting responsibility in the hands of two groups – Duxbury Beach Reservation, Inc. and the Town of Duxbury Beach Operations Department. To ensure all parties were aware of concerns, current status of nesting and protection work, and ongoing training of staff, DBR utilized a group messaging system called Slack to send daily messages throughout the season and keep staff informed regardless of days off, time of day, and location on the beach. This form of communication proved extremely effective during the 2020 field season. All Slack messages included the Assistant Director and CEP Coordinator, Monitor Supervisors, and Field Technicians. General updates on nesting status and protection work were provided to the Town of Duxbury staff via weekly emails from the CEP Coordinator. Immediate changes to monitoring and management needs were communicated via text and/or phone call to the Beach Operations Supervisor’s cell phone and Sgt. Weiler. A summary of management initiation dates and end dates for fencing and monitoring is captured in Table 4-2. Table 4-2. Timeline of listed species management, including monitoring and fencing/signage, on Duxbury Beach in 2020.
Date Action March 23rd Fencing installed April 7th Start of monitoring April 29th Slack group communications begin April 29th Symbolic fencing reinstalled beach wide after storm May 3rd Symbolic fencing installed on “the bend” between Crossover 2 and 3 May 3rd Symbolic fencing added to Caterer's Lot at Duxbury Beach Park May 14th Fiberglass posts with flagging installed in the Duxbury Beach Park (DBP) Overflow Lot May 19th Restricted area fencing added to the OSV
May 22nd Beach opens to the public at Duxbury Beach Park May 23rd Shorebird Monitors began routine monitoring May 24th Symbolic fencing installed in DBP Overflow Lot
May 24th Fiberglass posts with flagging removed from DBP Overflow Lot May 25th Town leased portion of the Beach opens to the public May 26th Symbolic fencing in Duxbury Beach Park overflow lot increased and moved June 3rd Restricted Area fencing added to Pedestrian Beach
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June 5th Restricted Area fencing added to areas south of High Pines June 19th Symbolic fencing removed at Duxbury Beach Park east of the paved lot June 22nd Barrier erected in DBP Overflow Lot June 29th Nest 20A hatchlings herded bayside from DBP Overflow Lot June 29th Barrier disassembled in DBP Overflow Lot, new Barrier erected July 2nd Barrier erected in Resident lot July 10th Barrier fencing in Resident Lot removed July 20th Barrier placed in the second crossover July 26th Barrier removed at second crossover July 30th Barrier disassembled in DBP Overflow Lot July 31st Restricted areas removed from Pedestrian Beach north of Boardwalk and Caterer's lot July 31st Fencing in the replicated habitats removed August 4th Restricted area fencing removed from bayside, south of High Pines August 5th Barrier in place at second crossover perpendicular to shore August 7th Closed Area fencing on Pedestrian Beach removed north of Boardwalk August 9th Closed Area Fencing south of the South Poles removed August 10th Barrier in place at Crossover 1 perpendicular to shore August 13th Barriers at both crossovers dismantled August 18th Closed Area fencing on Pedestrian Beach removed south of Boardwalk August 19th Shorebird Monitors ended routine monitoring August 19th Restricted area fencing removed from the OSV September 14th Closed Area Fencing removed on OSV Beach 4.2.1 Fencing and Signage Management Fencing on Duxbury Beach is extensive and varied depending on purpose and audience (Table 4-3). Signage and fencing were shifted or repaired based on GPS location information provided by Field Technicians, Monitor Supervisors, Shorebird Monitors, or captured directly by Beach Operations Department staff. Spatial data was input to a Google Map shared with partners and updated constantly to reflect current conditions (whether a nest or brood was active or inactive, northern and southern Least Tern nests or chicks for each colony, and existing or planned locations of Restricted Areas). Field Technicians and Monitor Supervisors used the spatial data of nest and chick activity to measure out the protective boundaries, get GPS points, and put up Restricted Area fencing.
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Closed Area fencing was initially erected the fourth week of March to protect historic and potential nesting habitat. Due to changes to the beach over the winter, pairs nested in several areas that were not previously utilized. Fencing was extended as pairs were observed in these new areas. Closed Area fencing was removed over the course of a month (end of August to mid-September), depending on where Piping Plover and Least Tern activity remained and to protect some areas for staging birds. Restricted Area fencing and signage on oceanside, bayside, and on the road was placed two to three days prior to each expected hatch date. In 2020, many of the Restricted Areas overlapped which resulted in large swathes of Restricted Area and required fewer perpendicular fences. Restricted Area fencing remained up until several days after each chick in the brood had been observed flying >50 feet or had been lost. If the brood was considered a “crossing brood” then fencing remained and monitoring continued until the brood was observed flying over the road rather than walking across. Table 4-3. Summary of fencing types used on Duxbury Beach in 2020.
Fencing Type Purpose Location
Post and cable Vehicle control Along roadway and parking lot boundaries
Permanent symbolic Vehicle control and dune protection Oceanside beach designating limit of OSV beach
Closed Area Protected species management Historic, potential, and current nesting (vehicle and pedestrian control) habitat
Restricted Area Chick protection (vehicle and partial 100-200 meters on either side of chick pedestrian control) activity (oceanside, bayside, and roadway where access is possible)
Snow Fencing Pedestrian control and dune protection Toe or crest of dune on oceanside
North and South Poles Vehicle control Northern and Southern boundaries of OSV use on oceanside
Pull-off symbolic fencing Vehicle control and plover chick Closed off pull-offs on roadway located protection within Restricted Areas
4.2.2 Duxbury Beach Protected Species Monitoring Program Field Technicians: Field Technicians began monitoring Duxbury Beach the second week of April, with visits two to four times per week in April. In May, monitoring visits increased, with daily visits beginning shortly before the first plover nest was due to hatch (May 26). Field Technicians collected information on plovers and terns during each site visit, focusing on pair abundance, nest status and location, brood status and location, nest and chick loss, flight status, predator presence, and staging activity. During the course of monitoring, the Field Technicians inspected symbolic fencing and communicated issues or changes to the CEP Coordinator and Monitor Supervisors. In addition, Field Technicians were responsible for determining the location and status of broods according to their location on the beach. All broods within 1000 meters of the open OSV area were located every morning prior to 08:00 when the beach opened. After locating all broods in proximity to the OSV area, Field Technicians located all broods adjacent to parking lots or roadway that are accessible to recreational vehicles prior to 10:00. Broods in areas not adjacent to recreational access on parking lots or roadways and beyond 1000 meters from the OSV area were monitored a minimum of every other day. Field Technicians
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worked with Monitor Supervisors to determine necessary changes to Closed or Restricted Area fencing and placement of Shorebird Monitors. Field Technicians were also responsible for monitoring Least Tern colonies every other day. If a Least Tern colony was adjacent to an open OSV area, the colony was monitored daily to determine if any nesting activity had extended beyond the existing fencing or within close proximity of the OSV area. Monitoring efforts by Field Technicians also served to inform the Monitor Supervisors of anticipated need for Shorebird Monitors day to day and over the course of the season by communicating hatch dates and helping to determine the north-south and east-west extent of Restricted Areas. Field Technicians and CEP Coordinator completed the NHESP short form and submitted the preliminary data for Duxbury Beach in July. They also completed annual census reports, and site maps for Duxbury Beach submitted to the state in September. These forms were completed based on field data captured in NestStory during each site visit by each staff member. Monitor Supervisors and Shorebird Monitors: As mentioned above, monitoring of Piping Plovers and Least Terns on Duxbury Beach is multifaceted with in-field training and reporting responsibility in the hands of multiple groups. Intensive, yet flexible, protocols are in place to help ensure success of nesting shorebirds throughout the site. Shorebird Monitors were scheduled in three shifts per day with varying hours depending on nesting activity beginning at least two days before the earliest plover nest was due to hatch (May 26). Shorebird Monitors were present seven days per week while unfledged Piping Plover chicks were present in areas within 1000 meters of the OSV area and/or adjacent to parking lots or roadway accessible to recreational traffic. In the event that a Least Tern chick nursery area was directly adjacent to an OSV Crossover (within 100 meters) that did not fall within a Piping Plover brood range or Restricted Area and the nursery did not span the Crossover, special monitoring was employed to allow OSV access. Shorebird Monitors were assigned to Least Tern colonies to implement this management with oversight from the Monitor Supervisors and Field Technicians. Shorebird Monitor shifts were classified as Morning, Daytime, and Evening. Morning and Evening shifts generally consisted of special Least Tern chick monitoring, fencing work, patrolling the back roadway, and Piping Plover brood location checks. The Daytime shift entailed more frequent and focused Piping Plover brood monitoring. Monitoring efforts were adapted as brood behavior changed – including added monitors in cases of unexpected crossing activity and/or large brood ranges. The Monitor Supervisors were responsible for overseeing the daily monitoring and data collection work of the Shorebird Monitors. In addition to this oversight role, a Monitor Supervisor helped locate broods prior to the beach opening, focusing on those broods that were located within 1000m of the open OSV area. Monitor Supervisors assisted Field Technicians in checking the mock exclosures and traps placed for avian predator management by United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service Wildlife Services (APHIS WS), and recorded data on predator sign and uptake and communicated exclosure status and observations to APHIS WS, the DBR CEP Coordinator, and DBR Assistant Director. Town of Duxbury Beach Operations: A team of Town of Duxbury Beach Operations Officers and Beach Rangers were stationed on Duxbury Beach during the entirety of the nesting season. The team of officers present during the season was responsible for enforcing all rules and regulations that apply to beach goers.
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5.0 Mitigation Plan In 2020, Duxbury Beach Reservation performed mitigation in a 3:1 ratio for take exposures under the covered activity “Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover and Least Tern Chicks.” Mitigation consisted of a selective predator management, education regarding nesting plovers and terns, maintaining experimental nesting habitat, and conducting intensive monitoring and protection for piping plover broods impacted solely by non-recreational vehicles traveling to and from Gurnet-Saquish (Table 5-1). Table 5-1. Implementation of the covered activity Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks requires 3:1 mitigation, while implementation of those activities related to Recreation and Beach Operations requires 2.5:1 mitigation. All broods for which a take exposure is used cross the road, requiring 30 mitigation for the 10 crossing broods exposed to recreational traffic in 2020. Mitigation Source Mitigation Carry-over mitigation from 2019 4 On-site predator management 25 Habitat enhancement 2 Education programs 1 Monitoring and protection for 8 broods exposed to essential traffic Total 40
5.1 Selective Predator Management Plan To mitigate for the potential impacts of the covered activity on Piping Plovers, the Reservation self-funded a selective predator management plan in 2020. The Reservation contracted with the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service Wildlife Services (APHIS WS) to conduct on-site selective predator management of both avian and mammalian predators. The APHIS WS Proposal for FY20 was submitted and approved by MADFW and USFWS. Efforts by WS in the 2020 agreement stayed consistent and comparable to previous seasons, however, visits were fewer than in 2019 due to the lack of observed predator impact. 5.1.1 Communication and Monitoring In order to maximize WS efforts, the Reservation instituted an intensive monitoring and reporting program. In addition to the regular observations and data collection by Field Technicians assessing predator presence and loss, Monitors Supervisors spent time on the beach monitoring for predators or sign of predator activity. All predator observations, evidence of loss, and status of nesting activity were reported to WS via a group text message. The Assistant Director and CEP Coordinator typically spoke to WS once per week during the season to provide additional information and receive WS updates. Monitor Supervisors and Field Technicians were responsible for checking the mock exclosures erected by WS and reporting this information to WS and recording the information on a Predator Management online spreadsheet. Shorebird Monitors were trained to interpret common tracks (crow, coyote, fox, etc.) and were required to collect this information daily. Predator information collected by the Shorebird Monitors was recorded in NestStory. The information was also passed on to Monitors Supervisors, who in turn notified the rest of the staff and APHIS contacts via group text messages.
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5.1.2 Program Effectiveness The effectiveness of predator management is difficult to evaluate depending on weather and other factors. While crow observations remained high at the north end of the beach and in the parking lots, activity was greatly reduced south of the Resident Parking Lot where a majority of nesting activity was in 2020. There was no evidence of egg or chick loss due to crow in 2020. Common Grackle predation on Piping Plover chicks was observed for the first time in 2019. Grackle activity in 2020 remained high. Large flocks of Common Grackle and Red-winged Blackbirds were frequently observed on site throughout the summer. On several occasions both species were observed harassing plover nests and broods. One nest was lost to avian predation in 2020. The exact species is unknown; however, it is suspected a Common Grackle or Red-winged Blackbird was the culprit. A grackle trap was erected to catch and remove grackles. Despite intensive efforts, mammalian predator activity remained on Duxbury Beach throughout the season. Coyote presence was frequent, likely due to the large small rodent population on site. Throughout the season mammals continued to travel to the site from the west via the Powder Point Bridge and from the north via Gurnet Road. This was particularly true of coyote which were observed extensively throughout the site. Coyotes were observed on several occasions during the day in April. It was suspected that the daytime coyote presence was due to COVID-19 restrictions and a significant lack of beachgoers. Red fox presence in 2020 was notably lower than previous seasons. It is unclear why this might have occurred, though the changes in recreational activity due to COVID-19 restrictions may have played a part in their distribution this season as well. Red Fox were seen occasionally during the beginning of the season (April) on the northern and southern ends of the site. 5.1.3 Impacts of Predation In 2020, there were no Piping Plover nests lost due to mammalian predation. This was significantly lower compared to 2018 and 2019, when four nests and three nests were lost to mammalian predators respectively (Table 5-2). There were no instances of confirmed chick loss associated with mammalian predation in 2020, however this number may be skewed due to lack of evidence (Table 5-3). Coyote tracks were common along the toe of the oceanside dune, traveling through the intertidal, and crossing over to the bayside beach. Table 5-2. Piping Plover nests lost in entirety (% of total lost to known causes) to crow, coyote, and fox, 2011-2020.
Total Piping Plover Total Piping Plover nests lost (% of nests lost (% of Total Piping Plover total lost to known total lost to known nests lost (% of causes) to causes) to Eastern total lost to known Year American Crow Coyote causes) to Red Fox 2011 5 (33%) 2 (13%) 2 (13%)
2012 0 1 (10%) 1 (10%)
2013 1 (50%) 1? (50%)* 1? (50%)*
2014 0 4 (57%) 0
2015 1 (20%) 0 0
2016 0 5 (56%) 0
2017 2 (5.8%) 9 (26%) 12 (35%)
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2018 0 0 4 (57%)
2019 0 3-4* (19%) 0-1*
2020 0-1^ 0 0 *Unknown if predation was due to fox or coyote – track indeterminate ^ Unknown if predation was due to crow, grackle, or RWBL – suspected grackle; insufficient data to confirm Table 5-3. Piping Plover chick loss due to predator activity in 2020. Source: PIPLODES export
Chicks lost (% of total Predator lost to known causes)
American Crow 0
Herring Gull 0
Common Grackle 0
Snowy Owl 0
Eastern Coyote 0
Red Fox 0
Unknown Canid 0
Unknown Predation 0 Predator activity did appear to have some impact on the Least Tern colonies on Duxbury Beach in 2020. Gull and Peregrine Falcon presence within the colonies increased in late-July and early-August, particularly in the OSV least tern colony between Crossovers 1 and 2. Several gulls, primarily immature greater black-backed gulls, were observed checking under tern shelters and predating chicks. As many as 30 tern chicks were suspected to have been predated by gulls in this manner. Unfortunately, the Reservation did not hold the permits to address the gull issue in 2020, though this is recommended for consideration in future seasons. The presence of Peregrine Falcons also impacted the fledglings in the OSV colony, as well as fledglings in the Crossover 3 and Gurnet colonies. However, after consultation with WS and raptor experts, it was determined not advisable to relocate the falcon. Least Tern productivity still ranged from fair to excellent. 5.2 Education and Nesting Habitat Maintenance In addition to selective predator management, the Reservation also mitigated by increasing education regarding nesting plovers and terns, maintaining experimental nesting habitat, and conducting intensive monitoring and protection for piping plover broods impacted solely by non-recreational vehicles traveling to and from Gurnet- Saquish. 5.2.1 Education Efforts The Reservation sponsors robust educational programs throughout the season. During the 2020 season, the Summer Education Programs at Duxbury Beach hosted hour-and-a-half-long classes on Tuesdays, Thursdays, and Saturdays throughout the months of July and August. Due to COVID-19 guidelines, class sizes were limited to a maximum of 10 participants. In total, 24 programs totally 36 hours were conducted this season. Two classes are specifically directed or related to Piping Plovers: “Piping Plovers: Pint Sized Dynamos” and “Shorebirds Rule!” In addition, program leaders were asked to include a short discussion of Piping Plovers and Least Terns
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and their use of and importance on Duxbury Beach during the course of every program. The Reservation’s partners at Mass Audubon’s South Shore Sanctuaries presented these programs. 5.2.2 Nesting Habitat Maintenance Duxbury Beach Reservation performed and evaluated habitat enhancement on Duxbury Beach for nesting Piping Plover during the 2019 shorebird nesting season through a grant provided by the Massachusetts Natural Heritage and Endangered Species Program. Habitat enhancement at Duxbury Beach began in 1999 and has occurred using a variety of methods from 1999-2019. In 2019, maintenance was performed at the southern five replicated habitats from February 19-22. Work was performed during February to allow the habitats to “naturalize” prior to Piping Plover pair arrival. This allowed time for wind and precipitation to remove construction vehicle tracks and any ridges or other abnormalities from the habitats’ surface. Maintenance consisted of using an excavator to bury vegetation well below the surface, >2 feet in depth, in order to remove vegetation and expose native sand. No work was performed at the replicated habitats in 2020 at the request of NHESP due to concerns about increased crossing activity in the area. However, the areas remained viable nesting habitat in 2020 due to the work performed in 2019. Two pairs of Piping Plovers nested in the replicated habitats in 2020. Nest 07A was laid in Habitat 4, and nest 10A in habitat 5 (southernmost). Success was excellent at the replicated habitats in 2020. Nests 07A and 10A both fledged three chicks.
6.0 Recreational Benefits The Certificate of Inclusion in the HCP in 2020 allowed Duxbury Beach Reservation to provide continued recreational opportunities for residents and non-resident, particularly OSV access, through the Town of Duxbury. Recreation continued while maintaining the same level of intensive monitoring and protection in effect on Duxbury Beach for over three decades. The ability of Duxbury Beach Reservation to maintain the barrier beach to protect the bays and towns behind it and maintain shorebird nesting habitat is in part dependent on the income from recreation. Recreation is available to the public through the town lease, who in turn sells beach stickers to residents and non-residents, and through day-use parking at Duxbury Beach Park. The activities covered under the COI (non-essential vehicle use on the back road while chicks are present) are not new to Duxbury Beach and so the public did not see an increased level of access. Despite approvals for amendments to the COI and CMP, the OSV users saw decreased access in 2020. The entirety of the drive-on beach and back road was closed to recreation from June 22 to July 27. Monitoring protocols did change in 2020 which may have been observed by the public, though this is unlikely as it was still extensive and did not change recreation. Restricted Areas were decreased in some areas in 2020 – specifically in pedestrian-only areas where chicks were not present on that side of the roadway. This allowed the public to better social distance according to state guidelines for beaches during COVID-19. Benefits of Implementing Covered Activities Access in 2020 was limited due to locations of nesting activity and caused the closure of all three crossovers as well as a large part of the OSV beach (in turn limiting the number of cars that could park) for much of the summer. The entire OSV beach was closed for the majority of the month of July due to the proximity of broods to the First and Second Crossovers. The Reservation provided the Town with limited parking at Duxbury Beach Park while the OSV was closed. Non-resident OSV sticker holders were rerouted to the northern end of the
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Duxbury Beach Park parking lots and were still able to enjoy the beach. Resident OSV sticker holders were able to use the Resident Lot on the east end of the Powder Point Bridge. All pull offs along the back road were restricted while chicks were present on the beach. The Town of Duxbury provided access updates to those interested via email and Twitter. Duxbury Beach Reservation shared these updates on the DBR Facebook page and responded to questions regarding crossover closures, vehicle limits, and alternative parking locations. Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover Chicks: The Reservation implemented the covered activity, Use of Roads and Parking Lots in the Vicinity of Unfledged Piping Plover chicks extensively over the course of the 2020 season. This activity occurred in relation to brood crossings in portions of the road open to recreational traffic, barrier use in or near parking lots, and herding in the road and parking lots, for the purposes of limiting recreational closures and allowing access. Use of the COI in relation to road crossing activity occurred from June 2 – June 21 while crossing activity and recreational activity were active between the northern property line and Crossover 2. Brood crossings occurred on 14 days during this time period, however, all monitoring, protection, and enforcement activities took place throughout that time period. Use of the road for recreational access continued between the northern property line and the Powder Point Bridge while piping plover broods were crossing the road from July 1 – July 21, with crossings occurring on 10 separate days. Implementation of this covered activity in relation to brood crossings allowed for recreational access to continue 69 additional days in 2020. The use of barriers and herding in relation to use of roads and parking lots in the vicinity of unfledged piping plover chicks also allowed recreational activity to continue during the timeframes mentioned above. The use of barriers and herding in the Duxbury Beach Park Overflow Parking Lot for brood 2A took place from June 28 – July 29 (when the chicks fledged). These activities allowed the Overflow Parking Lot to reopen and stay open while chicks were present and keep chicks from reentering the parking lot after being herded out. The use of herding and barriers in the Resident Lot and Resident Overflow Lot due to brood 2A activity allowed a majority of both lots to remain open from July 1 – July 10. In addition, herding of broods spending excessive periods of time in the road during crossings took place on June 8, June 27, June 28, June 30, and July 6. Herding allowed for the road to remain open to recreational traffic (Table 2-6). Overall, herding and barrier use for piping plovers contributed to the continued use of recreational access in parking lots and roadways for 45 days during the 2020 season. Recreation and Beach Operations Associated with Reduced Proactive Symbolic Fencing: Following observation of scraping activity in the Duxbury Beach Park Overflow Parking Lot on May 12, DBR initiated deterrence measures as outlined in Section 2 (Table 2-1). Deterrence measures remained in effect from May 13 – May 26. Duxbury Beach Park reopened for the 2020 season on May 22 and was not utilized during May 22 – May 26. Therefore, implementation of deterrence measures did not allow for recreation that would have otherwise been closed. However, had the deterrence been successful, it would have allowed use of the lot for an additional 35 days (laying and incubation of nest 20A and 20A-cont). Inclusion of Least Terns: The inclusion of Least Terns in the Reservation’s CMP allowed Crossovers 2 to be reopened on July 27 while unfledged least tern chicks were present within 100 yards. Least tern chicks remained in the vicinity of Crossover 2 until August 18 (Table 2-7). Crossover 1 was not reopened in June when the rest of the beach was reopened following COVID-19 guidelines due to the imminent hatching of nests in close proximity to the crossover. The crossover remained closed after the plover broods fledged due to least tern activity on either side. It was eventually reopened on August 11 when the remaining tern chicks relocated and remained south of the crossover. However, intensive monitoring was conducted for a week after opening to confirm no least tern chicks moved within 100 m of the crossover. In total, inclusion of least terns allowed the oversand
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portion of Duxbury Beach to reopen 14 days earlier than would have otherwise been allowed. Crossover 2 specifically was able to reopen 22 days earlier than would have been possible without the CMP. Program Reach and Effectiveness In 2020, the Reservation worked with the Town of Duxbury to create and provide an insert to the Duxbury Beach Pamphlet educating those with a pamphlet about Piping Plovers. The beach pamphlet was provided to everyone who purchased a beach sticker in the 2020 season and is available online for the general public to see. The insert includes a brief summary of Piping Plover identification, ecology, and behavior. It also points out what to look for while driving along the road and what to do during a brood crossing event. This insert informed beachgoers of Piping Plovers before they got out to the beach. In addition to plover and tern monitoring and protection work, the Shorebird Monitors assigned to the oceanside and roadside of broods came in to contact with many members of the public. Monitors were instructed on how and when to interact with the public to provide information about the birds, conservation efforts, and beach rules and regulations. Notable interactions were recorded in NestStory (Table 6-1) and shared with interactions with Monitor Supervisors, who in turn shared them with the rest of the staff via group messages. September was not recorded in the following table because all Piping plover broods in 2020 were fledged by September 3. Table 6-1. Notable public interactions by Shorebird Monitors on Duxbury Beach in 2020. Total public interactions were much greater than recorded.
Month Total Shifts Total Interactions Interactions/Shift
May 16 1 0.0625
June 412 4 0.0097
July 431 14 0.0324
August 83 6 0.0723
In 2020, interactions with the public were not recorded, however hundreds of interactions occurred over the course of the chick monitoring season (May-September). The negative interactions that occurred during this time period were notably more severe than in past seasons, with several instances of beachgoers becoming aggressive toward the Shorebird Monitors and Monitor Supervisors. It is suspected that tension surrounding COVID-19 restrictions fueled these negative interactions and that this season was out of the ordinary. On several occasions, negative interactions prompted incident reports which were shared with MADFW, USFWS, and appropriate enforcement agencies. Program Recommendations Overall, the 2020 implementation of the COI is highly successful. The changes made through the amendment process in March 2020 allowed DBR increased flexibility in management and decreased the need for emergency amendments. It is recommended to continue with a similar program in future years, making additions and adjustments to practices as new site uses by nesting birds are observed. Recommend working to anticipate these situations as able, particularly regarding herding and barrier use in order to set up protocols prior and be prepared to enact on short notice. This should include assessment of deterrence protocols and looking at learnings from other sites participating in the HCP. In 2020, the implementation of this covered activity (reducing proactive symbolic fencing) was costly and time consuming and ultimately unsuccessful.
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Other recommendations include reassessing tern shelter use for chicks in the vicinity of open crossovers due to observations of gull predation in 2020. It may be prudent to remove shelters if predators are observed targeting these areas. This should include working with APHIS or another agency to evaluate options for predator control should this behavior be noted in future seasons. While educational programming continued to be highly successful in 2020, despite restrictions caused by COVID- 19, it is recommended to assess other means of reaching specific audiences. In particular, recreationalists and residents of Gurnet and Saquish have the most potential impact on nesting activity and may need different educational programming geared towards their uses of the beach.
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Duxbury Beach
Management and Habitat
Conservation Plan
November 2003, Revised through May 2016
Submitted to: Duxbury Conservation Commission
by: Duxbury Beach Reservation, Inc.
November 27, 1898
April 15, 2016 Duxbury Beach Management and Habitat Conservation Plan
November 2003
Revised Through April 2016
Prepared by the
Beach Technical Committee
of the
Duxbury Beach Reservation, Inc.
Betsey Campbell Shawn Dahlen, Co-chair Doug Dondero Don Gunster Margaret Kearney Ned Lawson Andre Martecchini Jim O’Connell Alan Vautrinot, Co-chair Noreen Wenger Don Beers (Ex-officio, Harbormaster) Sue MacCallum (Ex-officio, Mass Audubon) Mike Pforr (Ex-officio, ESO) René Read (Ex-officio, Town Manager)
This edition of the Duxbury Beach Management and Habitat Conservation Plan is dedicated to the memory of
Walter Amory
who in his quiet and determined fashion directed beach restoration for many years as chair of the Reservation’s Operation Committee
and
John Nash who was the last surviving trustee from when the Reservation was created in 1975 and who never missed a meeting, even when he achieved emeritus status.
Walter John
Table of Contents
Glossary vi 1 Introduction 1-1
1.1 Goals of Management Plan 1-1
1.2 Revised Management Plan (2016) 1-1
2 Description of Duxbury Beach 2-1
2.1 Geological History and Processes 2-1
2.2 Management History 2-2
2.3 Current Management of Duxbury Beach 2-11
3 Environmental Statutes and Regulations 3-1
3.1 Summary of Statutes and Regulations 3-1
3.2 Duxbury Conservation Commission 3-2
3.3 Duxbury Harbormaster/Coastal Natural Resources Department 3-13
3.4 Massachusetts Natural Heritage and Endangered Species Program 3-14
3.5 Massachusetts Environmental Policy Act (MEPA) Office 3-15
3.6 Massachusetts Office of Coastal Zone Management (CZM) Office 3-15
3.7 U.S. Fish and Wildlife Service: Federal Endangered Species Act 3-16
3.8 U.S. Army Corps of Engineers: Clean Water Act, Section 404 3-16
4 Beach Use and Management 4-1
4.1 Off-Road Vehicle (ORV) Access 4-1
4.2 Dog Access 4-7
4.3 Marine Access 4-9
4.4 Shore Access 4-10
5 Endangered Species Program 5-1
5.1 Environmental Statutes and Regulations Applicable to Endangered/Threatened Species
on Duxbury Beach 5-2
5.2 Endangered Species Program Personnel 5-2
5.3 Endangered Species Management Procedures 5-9
5.4 Endangered Species Predation Control Program 5-14
5.5 Replicated Habitats 5-19
6 Beach and Dune Maintenance and Restoration Program 6-1
6.1 Notification Protocol 6-1
6.2 Dune Maintenance and Restoration 6-2
6.3 Sacrificial Dunes 6-7
6.4 Designated Roadway 6-12
6.5 Beach Cleaning 6-14
6.6 Maintenance of Duxbury Beach Park Pavilion Area 6-15
6.7 Maintenance of Duxbury Beach Resident Parking Lot 6-15
6.8 Elevated Access Ramps (Access for the Physically Challenged) 6-16
7 Public Education and Outreach 7-1
7.1 Duxbury Beach Reservation, Inc. 7-1
7.2 Harbormaster/Coastal Natural Resources Department 7-2
7.3 Town of Duxbury Schools 7-4
7.4 Duxbury Before and After Dark 7-5
7.5 Summer Programs for Area School Children 7-5
7.6 Mass Audubon’s Education Program 7-5
7.7 Mass Beach Buggy Association 7-5
Appendices
A Map of Duxbury Beach
B DBR Endangered Species Program: Staffing Requirements and Responsibilities
C Beach Lease
D Duxbury Beach Regulations/Town of Duxbury Website
E Various Handouts
F. Sample Application, Pass, Citation, and Forms
G Various Websites
H List of Consultants’ Reports
I Additional References
J DBR Articles of Organization and Bylaws
K Order of Conditions and Extension through December 2018
L Standard Operating Procedures
M Piping Plover Fledge Rates
Glossary
Barrier beach – a narrow, low-lying strip of beach and dunes that is roughly parallel to the coastline and separated from the mainland by a body of water or wetland.
Brood – a family of piping plover or least tern chicks that have hatched. A plover monitor is assigned to each plover brood until the chicks fledge (fly).
Closed areas – habitat areas that provide potential nesting habitat for piping plovers and/or least terns. No one, with the exception of authorized personnel, is allowed in closed areas.
Clutch – piping plover or least tern eggs produced by one adult pair in one nest.
CNR/ESO – Coastal Natural Resources/Endangered Species Officer.
Coastal beach – unconsolidated sediment subject to wave, tidal, and storm action that forms the gently sloping shore of a body of salt water; includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune line, coastal bank, or seaward edge of existing man- made structures whenever these structures replace one of the above lines, whichever is closer to the ocean.
Coastal dune – any natural hill, mound, or ridge of sediment landward of a coastal beach, deposited by wind action or storm overwash. Coastal dune also refers to sediment deposited by artificial means and serving the purpose of storm damage prevention or flood control.
Cobble – rock fragment, 65 – 256 mm in its longest diameter; usually rounded by weathering; larger than gravel, smaller than a boulder.
Cobble berm – a moderately sloping ramp of cobble-sized stone placed up against the road edge in order to prevent or slow erosion by allowing storm-wave uprush to quickly percolate through the large spaces between the individual cobbles, thereby preventing the stronger wave backwash from removing beach and road sediment with it as it returns to the sea.
CWP – Coastal Waterbird Program that is part of Mass Audubon.
CZM – Coastal Zone Management.
Daily wrack – seaweed or other marine vegetation that is left daily along the normal high and low tide water lines. There can be multiple wrack lines.
DBR – Duxbury Beach Reservation, Inc., a 501 (c) (3) not-for-profit corporation that owns, maintains, and improves the property known as Duxbury Beach.
DCC – Duxbury Conservation Commission.
Designated roadway – the roadway constructed and maintained by the Reservation, which runs from the Powder Point Bridge to the Gurnet-Saquish guard shack at the south end of the beach.
Duxbury Beach Management and Habitat Conservation Plan April 2016
Dune scarp – erosion during a storm that cuts a nearly vertical face into the dunes.
Endangered species – a species that is in danger of extinction throughout all or a significant portion of its range. A “threatened” species is one that is likely to become endangered in the foreseeable future. Piping plovers and least terns are considered threatened species, but both receive the same federal protection as endangered species.
ESO – Endangered Species Officer.
Essential vehicles – vehicles that have the right or responsibility to access the beach. These vehicles include, but are not limited to, property owners on Gurnet-Saquish and their guests, service and repair personnel, fire, police, and other emergency vehicles.
Established track – program created in 1992 to organize ORV traffic for public safety and to protect the resource areas on the front beach. The established track is about 24 feet wide and consists of two travel lanes, one running north and one running south. The established track lies seaward or east of the toe of the dune, the permanent symbolic fencing, and the storm wrack, and landward or west of the daily wrack. Parking is seaward of the established track.
Exclosure – circle of chicken wire fencing surrounding a plover nest to protect the eggs from mammalian predation.
FEMA – Federal Emergency Management Agency.
Fledge – when a chick takes flight; fledged chicks no longer are monitored.
Fledge rate – the rate required to sustain the species. For piping plovers in Massachusetts, the rate to sustain the species is 1.25. It is determined by dividing the total number of chicks that fledged by the number of nesting adult pairs. For example, if 30 chicks fledged from 25 nesting pairs, then the fledge rate would be 1.2.
Habitat – the area or environment in which an organism or ecological community normally lives or occurs; for example, a marine habitat.
Hatch date – the date the eggs in a clutch begin to hatch, triggering continuous monitoring of the new brood.
MassDEP – Massachusetts Department of Environmental Protection.
NOI (notice of intent) – form filed by Duxbury Beach Reservation with Duxbury Conservation Commission, Massachusetts Department of Environmental Protection (MassDEP), and Natural Heritage and Endangered Species Program (NHESP) detailing all proposed activities on Duxbury Beach, including monitoring program, ORV use, and all maintenance projects.
Non-essential vehicles – vehicles that access Duxbury Beach areas for recreational purposes. These vehicles (resident and non-resident) have no legal access rights. The Harbormaster and/or the Endangered Species Officer determine their access.
Order of Conditions – permit issued by Conservation Commission in response to receiving a notice of intent (NOI). No activity is allowed on the beach unless specifically allowed in the Order
Duxbury Beach Management and Habitat Conservation Plan April 2016 of Conditions. Orders are generally written for the maximum time allowed — three years — and they can be extended by the Commission.
ORV – off-road vehicle.
Post and cable fencing – sturdy wooden posts strung with heavy-duty cable along both sides of the designated roadway that runs from the entrance to Duxbury Beach Park all the way to the Gurnet-Saquish guard shack. Its purpose is to confine vehicles to the roadway.
Replicated habitat – artificial nesting habitat created for piping plovers.
Restricted areas – those sections of the beach (either ocean or bay side) where unfledged chicks are present and feeding. Pedestrians may walk between the high tide wrack line and the low tide line within restricted areas, and bicycles may be walked but not ridden between the high tide wrack aline and the low tide line. All other activities, including vehicles, horses, and dogs, are prohibited in restricted areas.
Sacrificial dune – a protective, man-made dune that is part of a sacrificial storm damage reduction system, in which the loss of material from the system during storms is anticipated.
Salt marsh – a coastal wetland that extends landward from a barrier beach or headland up to the highest high tide line — that is, the highest spring tide of the year — and is characterized by plants that are well adapted to or prefer living in, saline soils. Dominant plants within salt marshes are salt meadow cordgrass (Spartina patens) and/or salt marsh cord grass (Spartina altermaflora). A salt marsh may contain tidal creeks, ditches, and pools.
Species of special concern (Massachusetts only) – designation for determining endangered, threatened, or special concern status; based on biological data including, but not limited to, reproductive and population status and trends (whether the species is native or has been introduced), vulnerability (as determined by threats to the species or its habitat), specialization (as determined by unique habitat requirements), restricted distribution (as determined by limited or distinct geographic range), and rarity (as determined by a limited number of occurrences or by occurrence in limited numbers).
Storm wrack – dried seaweed or other marine vegetation that is usually deposited along the storm high water line.
Symbolic fencing – permanent or temporary fencing to protect endangered species. Permanent symbolic fencing consists of fence posts, with string strung between the poles. It is used on the front beach to protect the toe of the dune from all forms of traffic and to allow vegetation to grow and sediment to move in response to weather conditions. Temporary symbolic fencing generally consists of metal poles, with string strung between the poles; cones, or barrels, etc. Temporary symbolic fencing is used to protect nesting habitat, and it can be moved from day to day, based on the activities of the broods.
Take – to harass, harm, pursue, hunt, shoot, hound, kill, trap, capture, collect, process, or disrupt the nesting, breeding, feeding, or migratory activity of an endangered species or to attempt to engage in or assist such conduct.
Unfledged chick – a young bird that has not yet flown.
Duxbury Beach Management and Habitat Conservation Plan April 2016
USDA-APHIS – U.S. Department of Agriculture-Animal and Plant Health Inspection Services.
Washover fan – sand that is carried landward by surging storm waters and is deposited in fan- like deposits on the bayside of the barrier.
Windrow – a small ridge of dirt left at each edge of the designated roadway following grading operations. Small portions of the widrow are removed for the purpose of facilitating the passage of piping plover chicks crossing the roadway.
Duxbury Beach Management and Habitat Conservation Plan April 2016
1 Introduction
1.1 Goals of Management Plan
Serve as a reference document for use by managers of Duxbury Beach.
Provide a management program that is consistent with federal, state, and local laws and regulations for the various existing and potential uses of the beach.
Provide a document that serves as the basis for Notices of Intent to be filed with the Duxbury and Plymouth Conservation Commissions for the ongoing management of wetland resource areas protected by the state Wetlands Protection Act and local Wetlands Bylaws.
Describe the existing management structure of the beach and the role of the various parties.
Provide management guidelines that are flexible enough to be adapted, refined, and implemented on a daily basis by the on-site management staff of the beach.
Protect endangered and protected species and their habitats while providing guidelines that allow reasonable off-road vehicle and other uses.
Provide an outline of the beach restoration and management program, including the required year-to-year program as well as the coastal storm response program.
Define the public education and outreach program, which is an important component of the management plan.
1.2 Revised Management Plan (2016)
The Technical Committee of the Duxbury Beach Reservation, Inc. has completed a thorough review and updating of the Dubury Beach Management and Habitat Conservation Plan. Significant updates to the 2012 plan are as follows:
Chapter 1: Introduction List of changes in revised Duxbury Beach Management and Habitat Conservation Plan
Duxbury Beach Management and Habitat Conservation Plan Page 1-1 April 2016
Chapter 2: Description of Duxbury Beach 2.2 Management History: Expanded to include 2010 – 2016 2.3.4 Duxbury Beach Committee: Moved back and included in section 2.2.7 2.3.6 Relationship between the Town and Duxbury Beach Reservation: Moved back and included in section 2.3.1
Chapter 3: Environmental Statutes and Regulations No substantive changes
Chapter 4: Beach Use and Management 4.1 Off-Road Vehicle (ORV) Access: Added paragraph about history of designated roadway to Gurnet-Saquish 4.1.1 (a) Front Beach: Added description of three crossovers to front beach 4.1.1 (b) Back Beach — Recreational ORVs: Clarified where recreational ORVs are permitted on the back beach 4.1.2 ORV Limits: Clarified number of recreational ORVS allowed on front beach during the endangered species season and mentioned availability of extra parking at the far northern pavilion parking lot, identified as the Lagerstedt Lot, when recreational access to the front beach is heavily restricted
Chapter 5: Endangered Species Program Introduction: Expanded to include the challenges of managing twice as many plover nests and to summarize the actions taken to alleviate the resulting pressures on the Harbormaster/Coastal Resources Department, the Duxbury Beach Reservation, Inc., the Endangered Species Program personnel, and Mass Audubon 5.2.1 Endangered Species Program Personnel: Expanded to include description of additional Endangered Species Officers to be hired in order to provide ESO coverage seven days a week, 6:00 AM to 11:00 PM 5.2.2 Coastal Natural Resources/Endangered Species Monitor Supervisor: New seasonal position; responsibilities include recommending plover monitor candidates and scheduling, supervising, and reviewing monitors 5.2.3 Coastal Natural Resources/Endangered Species Monitors: Expanded to include the number of monitors needed for two daily shifts and the responsibilities of those who are hired 5.2.4 Coastal Natural Resources Beach Patrol Officers: Section renumbered 5.2.4 Mass Audubon’s Coal Waterbird Program: Section renumbered 5.3 Endangered Species Management Procedures: Totally revised to include restrictions before plovers and least terns hatch (5.3.1) and restrictions after plovers hatch [5.3.2 (a)] and after least terms hatch [3.2 (b)] 5.3.3 Monitoring of Individual Plover Broods: New section 5.3.4 Fledge Determination: New section 5.4.2 Duxbury Beach Reservation’s Approach to Predator Control: Added paragraph on independent study by Dr. Chris Bloch of Bridgewater University on predator control
Chapter 6: Beach and Dune Maintenance and Restoration Program 6.2.1 Beach Grass Planting: Added paragraph on Reservation’s efforts to start its own beach grass nurseries 6.3.2 Dune Maintenance and Restoration: Reorganized and combined with previous section 6.3.3. 6.3.3 Sacrificial Dune Construction: Section renumbered
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6.3.4 Interests to Be Protected: Section renumbered 6.4 Designated Roadway: Changed “Improved Roadway” to “Designated Roadway” 6.4.2 Surface Maintenance: Expanded discussion of grading designated roadway and described project in late 2015 and early 2016 to raise the roadway from the resident parking lot to High Pines 6.4.3 Roadside Storm and Erosion Protection: Expanded to include project funded by grant from CZM to repair and extend cobble berm in 2015 6.6 Maintenance of Duxury Beach Park Pavilion Area: Added paragraph about Reservation’s project in 2016 to raise the pavilion road and parking lots, which are flooding during monthly moon tides due to rising sea level
Chapter 7: Public Education and Outreach 7.3 Town of Duxbury Schools: Deleted subsections 7.3.1, 7.3.2, and 7.3.3 and much of the text in those sections
Appendix B: ESP Roles and Responsibilities Appendix B is a new spreadsheet that contains the Roles and Responsibilities for those charged with managing the protected species on Duxbury Beach. This spreadsheet was developed during several meetings in the fall of 2015 with the Reservation’s Technical Committee; Don Beers, the Harbormaster; Mike Pforr, the Endangered Species Officer; and Sue MacCallum, Sanctuary Director, Mass Audubon’s South Shore Sanctuaries. It presents in outline form the details of the Endangered Species Program that is the topic of Chapter 5. The plan goes into effect in 2016.
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2 Description of Duxbury Beach
This chapter provides a detailed history of Duxbury Beach, including the history of the beach; a description of existing conditions including ownership and lease agreements; and a description of the existing management structure.
2.1 Geological History and Processes
Duxbury Beach is a 4 ½- mile long barrier beach, which is to say it is a narrow, low-lying strip of land consisting of coastal beaches and coastal dunes that extend roughly parallel to the trend of the coast. The beach is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. This low-lying coastal landform system is composed of beach, dunes, and adjacent salt marshes. It was formed and currently is shaped by coastal processes.
Duxbury Beach was formed at a lower stand of sea level as a result of erosion of glacial headlands and shallow glacial deposits. As the rate of sea-level rise slowed, Duxbury Beach tied itself to the glacial deposits of Gurnet Point, High Pines, and the mainland to the north. The continued evolution of the beach occurs mainly in response to storm overwash and wind transport of sand. Storm overwash always carries beach sediment into the dune area and can sometimes carry sand from the exposed beachface on the ocean side of the barrier across and through the dunes to the landward side into Duxbury Bay.
As seen from an airplane, a boat, or the mainland, Duxbury Beach appears to be a landform of great delicacy and fragility. Yet during storms, this thin barrier beach has withstood violent assaults by huge breaking waves. The fact is that this landform was formed and is maintained by wave and wind action.
Duxbury beach is always changing. It changes from one tide to the next, from season to season, and from year to year. Each wave that breaks on the beach at an angle carries sand along the shore. Some of the sand that used to be transported to Duxbury Beach has been blocked by the construction of jetties to the north. Other sand sources are no longer available because seawalls have been constructed over glacial banks to the north. In recent years, revetments have been built along the ocean edge of the Gurnet, which has been steadily eroding. Although these revetments will hopefully protect the houses behind them, the down side for the Reservation is that Duxbury Beach is no longer being nourished by the eroding sand. Some sand is transported to the beach from nearshore sand bodies and bars. Eastern quadrant winds that blow across the beach pick up sand and carry it landward to build dunes. Beach grass and other vegetation help to build dunes by trapping wind-blown sand and stabilizing the dune surface.
During the course of the year, seasonal changes to Duxbury Beach are quite evident. In summer, when the waves are low and long, the beach builds itself up, becoming higher and wider. During spring and summer, sand moves toward the beach from the offshore bars that formed during the winter. During the summer, the seaward edge of the dune may also grow and extend onto the
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beach. Storms, which usually occur from fall to early spring, produce steep waves that cut into the beach and cause it to narrow and flatten. After a storm, the sediment particles on the beach appear to be much coarser in grain size, because steep storm waves have picked up the finer sands from the beach and moved them seaward to build the offshore bar. In some locations the beach consists entirely of cobble-sized material after a storm, particularly during the winter months.
Storms can narrow the beach to the extent that a nearly vertical face, called a dune scarp, is cut into dunes. Large storms, especially those that coincide with higher than average tides, can cause extensive erosion of the beach and dunes and at times can overwash the entire barrier landform. When storm overwash occurs, sand that erodes from the beach is carried landward by the surging water and is deposited in fan-like deposits known as washover fans. These areas are recolonized by beach and marsh grasses, and eventually the barrier beach is restored to its pre-storm form. However, the storm overwash process causes the beach to migrate landward.
Another much slower process that is affecting Duxbury Beach is a gradual rise in relative sea level. Since the last ice age (about 15,000 to 20,000 years ago) in this general area, global warming has caused the gradual melting of the ice caps and released waters to the oceans, resulting in a rise in the sea surface relative to the land surface. Relative sea-level rise, resulting from the combined effects of worldwide ocean levels rising and the landmass of Massachusetts sinking, is presently occurring at an approximate rate of one foot per 100 years. Projections by international experts predict that the rate of sea-level rise worldwide may double by 2100. Higher water levels will produce frequent overtopping and rapid landward migration of barrier beaches, including Duxbury Beach. This rise in sea level has important implications for the future management of all coastal areas, especially barrier beach shorelines.
Another factor that is impacting barrier beaches such as Duxbury Beach and cliffed coasts such as Gurnet-Saquish is the balance of sediment supply and loss. Sediment supply to Duxbury Beach has diminished over the years due to the construction of seawalls to preserve bluffs (containing sediment) to the north, revetments to the south, and diminishing natural offshore sediment sources. Based on an analysis of historic shoreline change spanning 150 years (between the mid-1800s to 1994), the approximate high-water line along Duxbury Beach is migrating landward. The most rapid movement is occurring along the beach between the Duxbury Beach Park pavilion and the Powder Point Bridge.
2.2 Management History
The aspect of Duxbury Beach least understood by the general public is its ownership and its special relationship with the town of Duxbury. The following is a brief history of the years of ownership. The early history of the beach is based in part on a May 1969, Duxbury Clipper article by Ted Pratt, who at the time was head of the Duxbury Beach Association.
2.2.1 The 1600s - Early 1900s
According to the earliest available records, Duxbury Beach was divided in the 1640s into lots privately owned by a number of individuals. This arrangement continued until the
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1830s, when the town of Duxbury acquired the entire property. In 1872, the town of Duxbury transferred ownership of the beach to a private individual, subject to “the right-of- way in the Town in some proper location for the passing of teams, carriages, or foot passengers to be laid out by the Grantee along said premises from Cut River to the Gurnet, but implying no obligation on the Grantee to make said road or right-of-way or keep the same in repair.” The Powder Point Bridge was built in 1892 and maintained jointly by the towns of Duxbury, Kingston, Marshfield and Plymouth, and Plymouth County.
A few houses and hunting stands had been built and plans had been drawn up for 200 house lots on the beach when, in 1919, the executor of the estate of Georgianna Wright offered Duxbury Beach for sale. Some 18 to 20 concerned Duxbury families, upon hearing of the proposed 200 house lots and fearing the type of development that had occurred along barrier beaches such as Revere Beach and Coney Island in New York, raised enough money to purchase the beach. In November 1919, title was taken in the name of the Duxbury Beach Association, a common law trust organized for the purpose of acquiring the beach and protecting it for the benefit of the town of Duxbury. Technically a “private enterprise,” the Association paid town taxes. No dividends were ever paid on the shares, and the trustees served without compensation.
The Duxbury Beach Association operated the beach from 1919 until 1975. During its first ten years, the Association acquired many acres of bordering marshlands, financed by additional subscriptions from the shareholders. Through negotiation and litigation, the trustees gradually removed 12 of the 18 houses and all of the shooting stands from the beach.
2.2.2 The 1930s
As beach use increased, visitors began to park their cars on the bridge and Powder Point roads, creating a dangerous traffic situation. To alleviate this problem, the town in 1931 asked the Association to provide parking on the beach. In response, the Association paid for the construction of a free residents’ parking lot at the east end of the Powder Point Bridge, and a public lot at the northern end of the beach. The town agreed to police the lots. Thus began the traditional division of responsibility between the owners of the beach and the town.
The early 1930s saw the Association’s first sporadic attempts at erosion control with the erection of snow fence and the use of old bridge planks donated by the town. From 1933 to1934, the Association was able to purchase beachfront in the town of Plymouth from the Duxbury line to the Gurnet, plus large tracks of marshland.
2.2.3 The 1940s
In 1941, the town approved taking over the full cost of maintaining the Powder Point Bridge. The town and the Association evenly shared the cost of the legal work. Also in 1941, the Association built the pavilion at the public parking lot at the north end of the beach. A daily parking fee provided the funds necessary to maintain and improve the
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beach. With the help of volunteers, some limited erosion control measures were undertaken.
2.2.4 The 1950s
In 1950, to cover the increasing cost of policing the lot at the east end of the bridge, the selectmen initiated parking fees, charging residents $1 per season for each beach sticker. The Association continued to assume the costs of the maintenance and gradual enlargements of the beach parking lots.
In 1958, it became apparent to the town of Duxbury selectmen and the Beach Association trustees that the beach was being damaged. The primary cause was the increasing number of four-wheel-drive vehicles using the beach without proper controls. Driving over the dunes was killing the vegetation and destabilizing the dune structure. In 1959, a town meeting motion to appropriate $800 to provide summer police patrols failed.
Despite prevention efforts by the town of Duxbury and the Beach Association, the beach continued to deteriorate at an alarming rate. The use of the beach for recreational purposes was proliferating faster than the ability of authorities to manage such use.
2.2.5 The 1960s
In 1961, the Beach Association provided the town of Duxbury with a jeep for police patrols on the beach, and the town voted a patrol budget of $4,500. In 1969, W. Richmond Poole of Duxbury published a detailed study of the beach and its environmental problems as his master’s degree thesis. The study, which covered the time period from 1951 to 1964, focused on the area of beach from the Blakeman pavilion southward for 6,000 feet. A major conclusion of the study was the need to protect the dunes and their beach grass vegetation. The report documented that over the duration of the study period, the number of dune “blowouts” had increased from 9 to 19, with the width of these blowouts increasing from slightly less than 300 feet in 1951 to 1,743 feet in 1964. On average, 35 percent of the vegetated dunes had disappeared during this period, and in the most used areas in front of the town parking lots, 60 percent of the dunes had disappeared.
The report concluded that increasing recreational demands were seriously damaging Duxbury Beach. The dunes were diminishing to such an extent that coastal storms were washing over the beach with increasing regularity.
2.2.6 The 1970s
In 1972, the Duxbury selectmen appointed a Beach Study Committee to study beach problems. After a yearlong study, the committee made the following recommendations:
The Association should try to contain and reverse dune erosion by restricting pedestrian and vehicle access. The town should lease the beach from the Association to provide additional funds for beach restoration.
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The town should establish a Town Beach Conservation Department to provide a much-needed enforcement function.
The 1973 annual town meeting voted to lease the beach from the Association for $12,000 a year and to create the position of Beach Conservation Officer.
In 1973, the Beach Operations Committee was created to coordinate the efforts of the town and Beach Association. It consisted of the three Duxbury selectmen, three Beach Association trustees, and three concerned citizens. The Town Beach Conservation Officer was hired the same year.
The new cooperative effort worked well. Continuing the traditional division of responsibilities first established in the1930s, the Association provided the funds and heavy contracting work and the town provided the much-needed enforcement and education functions. Volunteers contributed greatly to the effort. A total of 150 volunteers initiated the annual beach grass planting project in 1974 with the planting of 50,000 culms of beach grass.
The Beach Association expanded its conservation efforts by installing post and cable fencing to restrict vehicle traffic to a designated roadway. By 1974, the Association had installed snow fence along the front of the dunes and post and cable fencing along the roadway from the town parking lot to the present location of the second crossover. Over the next several years, the Reservation continued the snow fencing and post and cable fencing on both sides of the designated roadway to the southernmost point of its property at the Gurnet-Saquish guard shack.
In 1975, the Beach Association decided that a more permanent organization was needed to manage the beach. The Duxbury Beach Reservation, Inc. was thus formed, and the five or so remaining families who owned the beach transferred ownership to the new, nonprofit Massachusetts charitable organization. In its charter, the newly formed Reservation stated its purposes as follows:
to acquire by purchase, gift or otherwise all or any part of Duxbury Beach and Saquish Beach in the Towns of Duxbury, Marshfield and Plymouth and any salt marshes and upland adjacent to or in the vicinity of such beaches and also conservation easements or any other interest in or to any such property; to restore and to preserve these beaches (whether owned or not) so far as reasonably possible in their natural state as host to marine life, native and migratory birds and indigenous vegetation, as barrier beaches for the protection of Duxbury and Kingston and as a priceless environmental asset to the Commonwealth and the nation; and to operate for the benefit of the people of Duxbury and the general public a public recreational beach with all necessary and incidental facilities, while preserving the right to limit and regulate such use so as to be consistent with the corporation’s primary ecological objective.
The Duxbury Beach Reservation continues to carry out the mission set forth above, principally to preserve Duxbury Beach. (See Section 2.3.2 for a full description of the Duxbury Beach Reservation, Inc.)
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In 1978, the infamous “Blizzard of ‘78” caused extensive beach damage and erosion. Three of the remaining six houses were destroyed, along with all of the snow fencing and most of the existing dune structure. One of the first steps the Duxbury Beach Reservation took was to disallow reconstruction of these houses, the goal of the Reservation being to eliminate houses on the beach whenever possible. The Reservation also began to build its first storm damage reserve fund following the Blizzard of ’78.
2.2.7 The 1980s
At Duxbury’s March 8, 1986 town meeting, following an overwhelming majority vote to reconstruct the Powder Point Bridge, a motion from the floor called for the moderator to appoint a committee of seven members to “recommend a comprehensive management program for Duxbury Beach to enhance its use for passive recreational enjoyment of the people, to protect its aesthetic values, to ensure preservation of its functions as a barrier beach and to better manage vehicular traffic.” The motion passed, creating the Duxbury Beach Study Committee.
The committee held meetings on a biweekly to monthly schedule from June 1986 to March 1987. The following key issues were identified in its report:
1. The Town of Duxbury does not own the beach; it is leased on a yearly basis from the Duxbury Beach Reservation. Residents of the town appear to be unaware of this very important fact. 2. The Duxbury Beach Reservation has been doing a very good job of managing the natural resources of this barrier beach. The trustees care a great deal about the beach and they are committed to managing the beach so that its natural resources are protected while providing the public, including residents of Duxbury, with the opportunity to utilize it as a recreational resource. 3. The Town of Duxbury’s Land and Natural Resources Department manages use of the beach under the yearly lease agreement with the Duxbury Beach Reservation. Management of the beach is getting more and more difficult every year due to increased usage. There are serious questions whether the town has given the department sufficient resources to carry out the difficult task of managing the very intensive use of this valuable natural resource. 4. Serious safety problems were identified relating to the use of the beach. A conflict exists between the present intensive use of the front beach by vehicles and by people using the beach for walking, bathing and sunning. The newly constructed back road to Gurnet-Saquish hopefully will alleviate some of the front beach conflicts. There is a concern that opening the new Powder Point Bridge will bring much heavier vehicular traffic to the beach and that this will overcome any positive benefits that the improved back road will provide. 5. There is a need to monitor the beach and beach users to gather information on vehicular use and the adequacy of town staffing, equipment, and facilities to provide effective beach management. In addition, there is a need to determine the costs to the town of providing beach management versus the revenues the town (not the Reservation) receives from beach stickers.
After a year of data gathering, the committee recommended to town meeting that a permanent town committee be established to develop a long-term beach management
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program. The Duxbury Beach Committee was thus created at the 1987 annual town meeting (see Section 2.3.5 (c)).
Throughout the 1980s, the Duxbury Beach Reservation met annually to conduct the business of maintaining and improving the beach. During reconstruction of the Powder Point Bridge, the work road between the pavilion at the Duxbury Beach Park at the north end of the beach and the resident parking lot was left open to allow all traffic, including two-wheel drive vehicles, access to the beach. When the new bridge opened, the Gurnet Road neighbors asked the Reservation to leave the gates unlocked and the road open for two-wheel-drive vehicles. (Four-wheel-drive vehicles can go around the gates on the sand road). The Reservation granted this request for one year as an experiment, but found that the increased use was degrading the beach and requiring the expenditure of limited funds. At the end of the year, the Reservation closed the road. To protest the closing, the Gurnet Road neighbors appealed the Orders of Condition under which the Duxbury Conservation Commission permitted the Reservation to do its routine beach maintenance. During the several years of the appeal process, the Reservation was prohibited from doing any work on the beach. The matter was eventually resolved in favor of the Reservation.
With the exception of the Gurnet Road problem, the 1980s were a quiet, peaceful time for the Reservation and the beach. There were no major management problems, and the weather was uneventful.
2.2.8 The 1990s
The October 30, 1991, No-Name or Halloween Storm, later made famous as Sebastian Junger’s Perfect Storm, changed everything. Essentially the entire length of Duxbury Beach, except for a few places at the east end of the Powder Point Bridge, High Pines, and the Plum Hills area, was overwashed again and again over the course of several days. Giant waves completely cut through the dunes and swept away every bit of post and cable, snow fence, signage, and much of the woody vegetation and beach grass. The Reservation’s modest storm damage reserve fund was quickly depleted as the Reservation, with help from the Army Corps of Engineers and FEMA, immediately began making emergency repairs. The Herculean efforts of individual members of the Reservation who coordinated beach operations, negotiated the labyrinth of the many permitting agencies, and juggled bills and held off creditors as reimbursements trickled in cannot be overemphasized. A second hundred-year storm hit the beach in December 1992, and the whole process had to be repeated. The Reservation reconstructed many miles of dunes on Duxbury Beach following these two storms at a cost of over $2 million, 75 percent of which FEMA reimbursed. (The two dune rebuilding projects associated with these storms are described in Section 6.3.)
With an annual income from public parking at the Duxbury Beach Park pavilion of about $150,000 and a town lease payment of $20,000, Duxbury Beach Reservation lacked the financial resources necessary to build a sacrificial dune. Town meeting responded by covering a projected shortfall of $95,000 in addition to the $20,000 lease payment and by voting to raise the lease payment to $100,000 for the next year. The Reservation took out a very large, unsecured loan and, for the first time, asked for donations. A few of the Reservation’s trustees assembled a group of volunteers from the town, who named
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themselves the “Save the Beach Committee.” Through their efforts, thousands of additional dollars were raised to offset the reconstruction costs. In addition to raising money, Save the Beach was so successful at increasing awareness of the beach that the Reservation voted to perpetuate the group as a subcommittee of the Reservation. The committee renamed itself the “Duxbury Beach Preservation Society.” Its mission was to raise funds for preserving the beach and to build a storm damage fund, as well as educate the public about all aspects of the beach. In recent years, however, the Preservation Society has focused on educational issues, and the Reservation has taken over the fundraising tasks. The Preservation Society’s major event each year is called “Ed Night,” which features a guest speaker on topics related to beach issues.
At the same time as the Reservation was dealing with the damage from back-to-back devastating storms, it was also becoming aware of endangered species legislation and the potential impact of such legislation on beach management. The Reservation responded with a proactive campaign to aggressively protect least terns and piping plovers in order to allow recreational use to continue on the beach. The Reservation funded the appointment of the first plover monitors, and the Duxbury Harbormaster/Coastal Natural Resources Department began educating beach guests about the guidelines that had to be followed, especially guests who used off-road vehicles (ORVs).
The 1990s will be remembered as the time when managing Duxbury Beach became extremely complex and very costly. During the 1990s, the Reservation and the Harbormaster/Coastal Natural Resources Department found it more and more difficult to reconcile the increasing numbers of beach guests, vehicles, and dogs with the requirements of public safety and the protective policies associated with the Endangered Species legislation. More and more regulatory bodies and environmental advocacy groups such as Mass Audubon had great influence over management decisions on Duxbury Beach. In 1997, the Duxbury Conservation Commission added to the Orders of Condition under which the Reservation operates the stipulation that the Reservation assemble a Beach Technical Committee of knowledgeable people to keep track of the number of vehicles accessing the beach and to study the various areas of the beach impacted by pedestrians and vehicles. The various traffic, geological, and biological studies that the Technical Committee has assembled are listed and described in Appendix I. The work of the committee is ongoing.
2.2.9 2000 - 2010
Mother Nature was kind to Duxbury Beach during the first decade of the new millennium. The annual northeasters were comparatively mild until 2007, when a late spring storm overwashed portions of the artificial dune, sweeping away precious sand, snow fencing, beach grass, and post and cable fencing, while leaving behind tons of debris. Total damage amounted to about $500,000.
The Reservation requested help from FEMA (Federal Emergency Management Agency), which had reimbursed 75 percent of the over $2 million spent to rebuild the dunes following the 1991 and 1992 storms. At that time, FEMA and the Army Corps of Engineers stated that if the rebuilt dune were maintained at the 16-foot elevation, it would qualify for reimbursement in the event of a future major storm. However, stretched thin by Hurricane
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Katrina, FEMA denied funding in 2007, contending that Duxbury was a “recreational beach” and therefore ineligible for reimbursement. Arguments that only a portion of the beach is used for recreational activities and that the barrier beach protects valuable property on the inner shore and is the sole means of access for 300 homes on Gurnet and Saquish were unsuccessful. Realizing they could no longer depend on FEMA, the Reservation’s directors began an intensive campaign to establish an endowment and arranged for a $2 million line of credit using the Duxbury Beach Park pavilion area as collateral in case of extreme need.
In 2006, the Reservation experimented with a cobble berm to address deterioration of a portion of the designated roadway between the first pedestrian crossover and the first vehicle crossover, where a bay channel comes close to the beach. Wave action had created a vertical scarp at the edge of the road, and placing additional road material was no longer effective. The cobble berm, a moderately sloping ramp of rounded stones, was placed up against the western side of the road. Cobble berms impede erosion by allowing uprushing waves to percolate quickly through the spaces between individual cobbles, preventing the wave backwash from removing beach (and road) sediment with it as it returns to the sea. (See Section 6.4.3 for a complete description of the cobble berm.) The cobble berm has been successful but needed to be refurbished after several years. In 2015, the Reservation won a grant from Massachusetts Coastal Zone Management (CZM) to extend the cobble berm and refurbish the existing berm with additional stones. The Reservation will continue to maintain the cobble berm.
Another major initiative was the publication of the Duxbury Beach Book, a full-color, hardcover book describing the creation of the beach, the great storms that have shaped and reshaped it, the plants and animals it nourishes, the old and new Powder Point Bridge, the communities of Gurnet, Saquish, and Clark’s Island, and the history of the beach’s ownership and management. Published in 2007, the book is now in its second printing.
The last major project of the decade involved replacing old signage and rebuilding the guard shack at the end of the Powder Point Bridge. The Reservation constructed an attractive new guard shack with the same dimensions as the old. Sturdy new informational signs, designed to match the color scheme of the shack and The Duxbury Beach Book, were erected in the parking lot, along the length of the beach, and at Duxbury Beach Park. The Reservation also replaced the lifeguard stands at the resident bathing beach and at Duxbury Beach Park.
2.2.10 2010-2016
In 2010, after two decades of dealing with regulations resulting from the Endangered Species Act, the Reservation took steps to reverse the previous year’s record low plover fledge rate (see Appendix M). The directors of the Reservation voted to engage in a limited crow predation program run by USDA-APHIS (see Section 5.4.2). The results were significant: 16 plovers fledged, resulting in a fledge rate of 1.45 birds per nest, which is well above the 1.25 rate needed to sustain the species.
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In March 2011, the Reservation again hired the USDA-APHIS agency to survey the beach. The APHIS team reported that in addition to crows, their survey documented coyote and fox tracks. The directors voted to hire APHIS to conduct a crow predation program but decided to hold off on additional predator control until the Reservation could develop its own predation control policy. At the Reservation’s annual meeting in May, the directors voted to adopt the predator control policy that is contained in Section 5.4.2.
In February 2013, Duxbury Beach sustained severe damage from a three-day blizzard. Although not as severe as the Blizzard of ’78 or the “No-Name” storm of 1991, the Reservation had to rebuild a major section of the designated roadway, rebuild the crossovers to the front beach, remove tons of debris from both the front and back beach, and replace all of the snow fencing and much of the post and cable fencing. A large section of the sacrificial dune, which was created after the “No-Name” storm, had to be rebuilt, as well as several smaller damaged sections in other areas. All of the dune repairs had to be vegetated with beach grass and woody shrubs such as beach plum, bayberry, and Rosa rugosa. All of this work had to be finished before April 1, when regulations require all heavy equipment to be off the beach because the piping plovers are due to arrive. The Reservation did receive permission from the Natural Heritage and Endangered Species Program to continue restoration work until April 15.
The cost of these repairs exceeded $1.2 million. The Reservation applied to FEMA for reimbursement of these expenses but was denied in 2014. The Reservation filed an appeal and was again denied in January 2016. The Reservation filed a second and final appeal in March and has yet to receive a resonse. To meet the repair expenses, the Reservation received approval from Duxbury’s 2013 annual town meeting for the lease payment to increase from $400,000 to $500,000 per year and from $500,000 to $600,000 in 2014. As of the revision date of this management plan, the Reservation continues to carry debt from the 2013 blizzard repairs. The Reservation did seek and received an increase in the annual lease payment to $650,000 at Duxbury’s 2016 spring annual town meeting.
In 2015, Duxbury Beach Reservation, Inc. began a major endeavor to strengthen the beach against the impending threat of sea level rise and higher storm surges. The road portion of the project began in December 2015. A portion of the designated roadway from the resident parking lot to High Pines was raised 18 inches, with a slight slope from east to west to allow for rainwater runoff. The road project will continue as funds become available.
Prior to beginning any long-term enhancements to the dune system, the Reservation believes it is crucial that it understand all the factors that drive the dynamic nature of the beach and ultimately shape the coastline. To that end and in conjunction with the Town of Duxbury, the Reservation in 2015 applied for and received a Coastal Community Resilience Grant from Massachusetts Coastal Zone Management (CZM) to perform a coastal processes study of Duxbury Beach. The Woods Hole Group, an internationally recognized coastal engineering consulting firm, is the scientific consultant for this project. The study will not be completed until June 2016.
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2.3 Current Management of Duxbury Beach
2.3. 1 Summary of Management Structure
Duxbury Beach Reservation, Inc. Owns beach Leases beach to town of Duxbury Maintains and improves dunes, roadway, cobble berm, parking lots, etc.
Town of Duxbury Leases beach (except for Duxbury Beach Park) from the Reservation Sells parking permits for resident parking lot Sells oversand permits for residents and non-residents Establishes regulations for use of the beach subject to approval by the Reservation
Harbormaster/Coastal Natural Resources Department Patrols beach, enforces rules, educates beach guests Oversees Endangered Species Program
The town of Duxbury and Duxbury Beach Reservation, Inc. cooperate to manage the beach in a unique partnership that has evolved over time. In simplest terms, the Reservation pays for materials and contractors to maintain and improve the beach and the personnel and equipment needed for the Endangered Species Program. The town pays for personnel other than the Endangered Species personnel necessary to manage the daily use of the beach ― for example, Coastal/Natural Resources officers, life guards, and Department of Public Works staff.
The Reservation operates on income it receives from the public parking lot at the north end of the beach, from the town lease payment, and since the October 1991 “No-Name” storm, from donations. The Reservation uses its resources to maintain and improve the dunes by the placement of snow fence and post and cable fencing, and the planting of vegetation. It is also responsible for the upkeep of parking lots, the designated roadway, and the public pavilion at Duxbury Beach Park.
The town leases the beach from the Reservation for one-year periods. The town sells permits for resident parking and resident and non-resident oversand vehicle permits and sets the rules for beach users. Income from permit sales (which, in recent years has averaged $1.5 million) is used for direct and indirect beach-related costs of the Harbormaster/Coastal Natural Resources, Police, Fire, DPW, and other town departments. Revenue from permit sales was also allocated for paying the major portion of the Powder Point Bridge reconstruction debt, a 15-year bond that has now been paid.
The Reservation is responsible for beach maintenance within the leased area and the costs associated with the Endangered Species Program. The Reservation provides the Board of Selectmen with an annual accounting of these expenses. Expense items typically include the following:
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Dune maintenance and improvements, including replenishment of sand Resident parking lot maintenance Designated road maintenance, including grading Beach grass and shrub planting Snow fence installation Post and cable fencing Endangered Species Program (management and monitoring) Educational program funding Post-storm dune, beach, habitat, and road restoration.
The arrangement between the Reservation and the town has worked well. The trustees and directors of the Reservation are able to focus on the beach, whereas the town must give equal or greater consideration to other town departments. Any minor disagreements between the two parties have always been resolved in the best interests of protecting the beach.
2.3.2 Duxbury Beach Reservation, Inc.
When Duxbury Beach Reservation, Inc. was formed in 1975, its bylaws created a board of trustees, who elect directors, and a board of directors, the majority of whom must be Duxbury residents. The trustees elect 10 of the 11 members of the board of directors. The eleventh director, the only one specifically named in the charter, is the chairman of the Board of Selectmen for the town of Duxbury. The directors are responsible for the management and operation of the beach and, with the trustees, serve without compensation.
Although the Reservation’s bylaws restrict the number of directors, they do not restrict the number of trustees. In recent years the Reservation has increased the number of trustees to include more members of the community and coastal specialists from outside the community. Two professional coastal geologists are currently trustees of the Reservation, and one of these geologists is also a director. All of the trustees and directors are dedicated to preserving Duxbury Beach.
The Reservation currently has biannual meetings (fall and spring), at which time the major issues affecting the beach are discussed and voted on. The agenda items typically include:
Election of officers and executive committee members Appointment of Reservation committees and designees to the Duxbury Beach Committee (a town of Duxbury committee) Discussions of ongoing projects Consideration of the authorization of the town of Duxbury beach lease Consideration of authorization of the contract for the public beach parking lot and pavilion Establishment of annual public parking fees for the public beach parking lot Consideration of providing funds to the town and Mass Audubon for the Endangered Species Program
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Consideration of funding for the public education program on Duxbury Beach conducted by Mass Audubon Review and approval of the Reservation’s operating budget Reports of officers Report of the Technical Committee Report of the Investment Committee Report of the Duxbury Beach Preservation Society Report of the Town Beach Committee by the Reservation's designees Report of the Harbormaster/Coastal Natural Resources Department Report of the Coastal Natural Resources/Endangered Species Officer Report of the Conservation Administrator Report of the Gurnet/Saquish Association Director (or representative)
During the course of the year, the Reservation works actively with the town of Duxbury in the management of Duxbury Beach. The Reservation uses the revenues from the town lease, parking receipts from Duxbury Beach Park, and donations to maintain and improve the beach, provide recreational access, and protect the natural resource attributes of the beach. The Reservation holds title to the beach, which is run, consistent with the charter, for the benefit of the town residents and the general public. The makeup of the board of directors and trustees ensures that the Reservation will continue to have a strong environmental conviction and cooperative attitude toward the town of Duxbury.
2.3.3 Studies and Experimental Programs of Duxbury Beach Reservation, Inc.
Since its founding in 1975, the Reservation has always striven to manage Duxbury Beach in accordance with the best current scientific practices. To that end, the directors have sought to learn from reading, by experimenting with new techniques, and by seeking the advice of experts. Scientific studies sponsored by the Reservation have influenced management decisions and led to the recognition of Duxbury Beach as one of the best- run beaches in the state and a model for others.
2.3.3 (a) Geological Studies
Geo/Plan Associates, a consulting group of coastal geologists from two Boston area universities, has been performing twice-yearly analyses of eight transects of the beach for more than 15 years. Each transect represents a different beach environment and is permanently marked by a 15-foot stainless steel rod driven into the ground at a known geodetic coordinate. The collected data are being used to compile a picture of the gradual changes in the form and location of the beach.
In 2015, the Reservation, in conjunction with the town of Duxbury, received a grant from the Massachusetts Office of Coastal Zone Management (CZM) to perform a coastal processes study of Duxbury Beach. The Woods Hole Group, the consultant for this project, began a year-long study of the tides, currents, wave heights and direction, water depths, temperatures, and salinity. The data collected will be used to develop model simulations that will predict the performance of
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various project alternatives under current and future climate change scenarios. The ultimate goal is to enable the Reservation to determine the most cost-effective and long-lasting method for strengthening Duxbury Beach against rising sea level. The study will be completed by June 2016.
2.3.3 (b) Biological Studies
In 2007 the Reservation commissioned a three-year study of flora and fauna on Duxbury Beach. David Clapp, a qualified naturalist assisted by occasional volunteers from the Reservation, identified and catalogued every species of vegetation, small mammal, and bird found at each transect of the beach. The study provides a baseline with which to compare future populations of plants and animals.
An endangered species biologist from Mass Audubon, sponsored annually by the Reservation, visits the beach daily during plover and tern season, documenting the history of tern colonies and of individual pairs of nesting plovers. Records kept for each plover egg note the date the egg was found, the hatch date, and when the chick fledged. In cases of loss, the report details the cause of egg failure or chick death, whether by overwash, inclement weather, or predation, usually including the species of predator.
In 2014, the Reservation engaged Dr. Chris Bloch of Bridgewater State University to evaluate the effectiveness of the predator control program at Duxbury Beach. The details of this study are reported in Section 5.4.2.
2.3.3 (c) Experimental Programs
In keeping with its goal of continuously improving beach management, the Reservation has instituted a number of innovative experiments, including dune construction, the creation of artificial habitats for piping plovers, and placement of a cobble berm along portions of the designated roadway. The results of each experiment are evaluated carefully in order to modify or refine the procedures used in future projects.
The first “sacrificial dune” was constructed following the 1991 “No-Name” storm. Based on that experience, a second sacrificial dune built two years later was placed farther to the west, graded with gentler slopes, and planted in a different pattern. Subsequent dune repairs have used even flatter slopes and more widely spaced grass and have been regularly used as nesting sites by plovers. The evolution of grass-planting techniques is described in Section 6.2.1 and dune slopes in Section 6.3.3.
The Reservation began experimenting with creating nesting habitat for piping plovers in 1999. While replicated habitat has encouraged some pairs of plovers to nest on the back beach, away from storm waves and human activity, maintaining the areas has been an annual challenge. A history of attempts to remove grass by rototilling, by burning, and finally by scraping, may be found in Section 5.5.2.
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Interestingly, nesting pairs in the newly prepared areas produced 50 percent of fledges in 2010 and the only fledges from a first nesting in 2011.
To address serious erosion of the designated roadway on the bay side where the channel runs closest to the beach, the Reservation constructed an innovative cobble berm, described in Section 6.4.3. In 2015, the Reservation refurbished and extended the berm.
2.3.3 (d) Miscellaneous Studies
Duxbury Beach is frequently the subject of research studies and papers by outside individuals and groups. The Reservation welcomes any legitimate study and is happy to cooperate by providing appropriate beach access and relevant background information. Appendix H is a list of studies of which we are aware.
All of the Reservation’s records, including the reports of its consultants, are available on request at the reference desk of the Duxbury Free Library.
2.3.4 Town of Duxbury Lease Agreement
Duxbury Beach Reservation holds title to the beach, which it leases to the town for one- year periods. The Town of Duxbury lease agreement is a simple three-page document that defines the town’s annual lease with the Reservation (see Appendix C). The area leased includes all of the Reservation‘s land in both Duxbury and Plymouth (excluding two dedicated parcels) southward from a line that runs east-west from the northerly edge of the resident beach parking area at the east end of the Powder Point Bridge. In addition to the resident beach parking, it includes beach and dune areas, parking lots, and the designated roadway from the Powder Point Bridge to Gurnet-Saquish.
After the No-Name storm of 1991, the annual lease was increased to $100,000 per year and soon after to $200,000 per year. From 2005 through 2012, the lease was $400,000 per year. Following the devastating Blizzard of 2013, which cost the Reservation over $1.2 million in repair costs, the lease increased to $500,000 per year. In 2014 and 2015, the lease increased to $600,000 per year, and in 2016 it increased to $650,000 per year. Expectations are that the lease amount will continue to rise as the Reservation faces the challenges of increasing numbers of protected species, an ever-increasing number of oversand vehicles seeking access to the front beach, and the reality that reimbursement from FEMA for storm repairs is uncertain. It should be noted that since 2007, the town’s revenue from the sale of parking permits has been about $1.5 million.
2.3.5 Town of Duxbury: Boards, Commissions, and Committee
2.3.5 (a) Board of Selectmen
The Board of Selectmen represents the town of Duxbury on all major management decisions relative to Duxbury Beach and oversees all town departments involved with beach management. The chairman of the Board of Selectmen serves as a director of the Duxbury Beach Reservation, Inc. (DBR), as
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designated in DBR’s bylaws. The selectmen are also responsible for approving all beach rules and regulations.
2.3.5 (b) Town Manager
The Duxbury Town Manager assists with the management of Duxbury Beach by overseeing the coordination of town departments.
2.3.5 (c) Duxbury Beach Committee
The Duxbury Beach Committee was established by the 1987 town meeting at the recommendation of the Duxbury Beach Study Committee. It consisted of nine members, as follows: Conservation administrator or designee Harbormaster/shellfish warden or designee Chief of police or designee Three designees of Duxbury Beach Reservation Three members appointed by the town moderator (one of whom must be a year-round resident of the Gurnet Road area)
At the request of the committee, the 2001 annual town meeting increasing the membership to 12 members, adding three more community members to be appointed by the town moderator. The Duxbury Beach Committee meets monthly. Its duties are as follows:
1. To advise the Board of Selectmen, Town Manager, and relevant town boards on the use, management, and needs of the town-leased portion of the beach and the Powder Point Bridge, and to make recommendations when needed. Acting as a liaison between the Selectmen, Finance Committee, Fiscal Advisory Committee, and the Reservation, the committee was instrumental in establishing a higher lease amount to help rebuild the beach following the devastating storms of 1991 and 1992. 2. To consult with the following groups for the protection and preservation of the beach: Duxbury Beach Reservation, Inc. Gurnet-Saquish Corporation Duxbury Beach Association Massachusetts Beach Buggy Association (MBBA)
The Duxbury Beach Committee wrote the first Beach Use Management Plan in 1992. In 1997, the committee produced a much more comprehensive Beach Management Plan in cooperation with the Duxbury Beach Reservation. Because of the technical complexities involved, the Duxbury Beach Reservation prepared the 2003 Duxbury Beach Management Plan and will continue to update the plan, as evidenced by the 2012 revision, and again by this 2016 revision of the plan.
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The Duxbury Beach Committee, which brings together members representing the town and the Reservation with representatives of the Conservation Commission, Harbormaster/Coastal Natural Resources Department, and Police Department, ensures open communication among the concerned groups and acts as a clearing house for beach activities, giving recommendations to the selectmen, making sure that proponents confer with any other applicable town boards such as the Conservation Commission, and seeing that relevant activities have the approval of the Natural Heritage and Endangered Species Program.
2.3.5 (d) Conservation Commission
The Duxbury Conservation Commission administers the state Wetlands Protection Act and the Duxbury Wetlands Bylaw. This involves the review of Notices of Intent that are submitted by the Duxbury Beach Reservation for improvements to and maintenance of the beach. The Conservation Administrator, who works for the Conservation Commission, assists with the overall management of the beach with emphasis on its environmental assets [see Section 2.3.6 (b)].
2.3.6 Town of Duxbury: Departments
2.3.6 (a) Harbormaster/Coastal Natural Resources Department
The Harbormaster/Coastal Natural Resources Department is the lead town agency for the management of Duxbury Beach. Recently, the full-time personnel in the Harbormaster/Coastal Natural Resources Department have become part of the Police Department.
The Harbormaster/Coastal Natural Resources Department provides the following functions in the overall management of Duxbury Beach:
Beach management/operations Implementation of Endangered Species Program Off-road vehicle law enforcement/patrols Marine law enforcement/patrols Fishery/wildlife law enforcement/patrols First responder medical services Traffic and crowd control Submission of proposed rules and regulations to Duxbury Beach Committee and Board of Selectmen
Use of Duxbury Beach by groups of 20 or more persons, or any other special event or research, requires a permit from the Duxbury Harbormaster/Coastal Natural Resources Department. These functions include, but are not be limited to, commercial vendors, private functions, commercial filming, and organized races. Issuance of a permit by the Duxbury Harbormaster/Coastal Natural Resources Department follows the procedures specified in the standard operating procedure (SOP) for “Monitoring and Enforcement of Beach Access and Use” (see Appendix
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L), but do not release the applicant from acquiring any and all other permits that may be required.
2.3.6 (b) Conservation Department
The Conservation Department coordinates the efforts of the Conservation Commission. The Conservation Administrator provides input on the overall management of the beach, including the following:
Technical input on projects for compliance with state and local Conservation Commission regulations Review of Notices of Intent under Wetlands Protection Act and Local Bylaw
2.3.6 (c) Police Department
Over the years, petty crime and public drinking, which were identified as problems on Duxbury Beach, have been curtailed as a result of the strong cooperative policing program that has developed between the Duxbury Police Department and the Duxbury Harbormaster/Coastal Natural Resources Department. Just recently, the Harbormaster/Coastal Natural Resources Department has become part of the Duxbury Police Department.
2.3.6 (d) Department of Public Works
The Duxbury Department of Public Works (DPW) assists with the cleanup of the beach, and, when possible, with the maintenance of the town beach parking lot. During the summer months, the DPW empties trash receptacles, provides lot sweeping at the town beach parking lot, and assists with the mobilization of the access ramp and lifeguard stands. The DPW also provides an important role in the Coastsweep operation by providing trucks to collect the bagged debris.
2.3.6 (e) Recreation Department
The Duxbury Recreation Department hires, trains, and supervises the town lifeguards on the portion of Duxbury Beach leased to the town. Lifeguards supervise an area extending 100 yards on each side of the lifeguard stand. The lifeguards begin working weekends on Memorial Day weekend, and start full-time coverage (seven days per week 9:30 AM to 5:30 PM) when school ends. The lifeguard coverage ends on Labor Day.
The Recreation Department makes use of Duxbury Beach for a portion of its “Kid’s Camp.” This summer program includes one day each week at the beach. The camp begins the first week in July and continues for seven weeks. The camp is usually attended by about 100 Duxbury children ages 6 - 12.
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2.3.6 (f) Fire Department
The Duxbury Fire Department, in addition to its fire service, provides emergency medical care, ambulance transport, and paramedic service to people using Duxbury Beach. It also provides water rescue and recovery. It maintains two rescue boats that provide backup to the Harbormaster. Occasionally, the Fire Department responds to vehicle fires in the parking lot areas. It also responds to calls at the Gurnet/Saquish area in Plymouth. The Fire Department leaves a rescue trailer at the west end of the bridge to facilitate the response time to any public safety issues on the beach.
The Fire Department works closely with the Harbormaster in planning for all potential emergencies, particularly weather- and ocean-related problems. The Fire Department has keys to town-owned locks on the gates at the beach in the event fire personnel need to travel through this area to get to houses to the north of the Duxbury Beach Reservation’s property.
2.3.7 Town of Plymouth
A portion of land at the southern end of Duxbury Beach is in the town of Plymouth. This land is Gurnet-Saquish, which is comprised primarily of private seasonal residences. Residents of Gurnet-Saquish and their guests have the right to pass over the designated roadway on Duxbury Beach,
The town of Plymouth has played a very minor role in the management and maintenance of Duxbury Beach. Occasionally, the Plymouth DPW has plowed the portion of road in Plymouth in the Gurnet-Saquish areas. The designated roadway is the sole means of egress from Gurnet-Saquish in the event of an emergency evacuation of the Pilgrim Nuclear Plant across the bay. The Duxbury Fire and Police Departments respond to fire, medical, and other emergencies at Gurnet-Saquish.
There have been many efforts over the years to try to obtain more help from various Plymouth town departments. So far no concrete programs with the town of Plymouth have been implemented. However, since 2002, the Plymouth Police Department has instituted an increased police presence within the Gurnet-Saquish peninsula.
The Plymouth Tree and Parks Department and the Beach Conservation Officer provide technical assistance to the Gurnet-Saquish Corporation. The Gurnet-Saquish Corporation usually purchases snow fence and beach grass from the Duxbury Beach Reservation.
When work is proposed on the Plymouth portion of the beach, wetland permits must be obtained from the Plymouth Conservation Commission.
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3 Environmental Statutes and Regulations
Statutes, bylaws, and regulations at the local, state, and federal levels provide standards that, when properly applied, help protect the environmental resources of Duxbury Beach. This chapter reviews these environmental safeguards and describes how they apply and are implemented on Duxbury Beach.
3.1 Summary of Statutes and Regulations
The following is a listing of the most significant environmental statutes and regulations that apply to Duxbury Beach, organized according to the regulatory agency that oversees them.
Local
Conservation Commission Mass. Wetlands Protection Act Town of Duxbury, Wetlands Bylaw
Harbormaster/Coastal Natural Resources Department Town of Duxbury, Beach Rules and Regulations Town of Duxbury, Shellfish Rules and Regulations Town of Duxbury, Harbor Rules and Regulations Town of Duxbury, Dog Rules and Regulations Mass. Fisheries and Wildlife Statutes
State
Department of Environmental Protection Wetlands Protection Program Massachussetts Wetlands Protection Act (overview and appeal authority of Conservation Commission decisions)
Massachusetts Division of Fisheries &Wildlife, Natural Heritage and Endangered Species Program Massachusetts Endangered Species Act
Executive Office of Energy and Environmental Affairs Massachusetts Environmental Policy Act (MEPA) Coastal Zone Management Act
Federal
U.S. Fish and Wildlife Service
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Federal Endangered Species Act
U.S. Army Corps of Engineers Clean Water Act, Section 404
3.2 Duxbury Conservation Commission
3.2.1 Massachusetts Wetlands Protection Act and Regulations
Duxbury Beach consists of coastal wetland environments that are subject to the jurisdiction of the Massachusetts Wetlands Protection Act (Ch. 131, s. 40), its regulations (310 CMR 10.00), and the Town of Duxbury Wetlands Bylaw, Chapter 9. The Duxbury Conservation Commission is the regulatory body responsible for the implementation of both of these environmental safeguards. Their jurisdiction encompasses any activity proposed or undertaken on the beach. The Duxbury Conservation Commission is a seven-member board appointed by the selectmen. The Duxbury Conservation Department and its Administrator serve as staff of the Conservation Commission and provide the day-to-day administration of these wetland regulations.
The southern portion of Duxbury Beach beginning in the vicinity of the northern end of the glacial upland deposits of the Gurnet Point drumlin (at an identified boundary marker) is in the Town of Plymouth and falls under the jurisdiction of the Plymouth Conservation Commission. Work carried out on this portion of Duxbury Beach must be reviewed and approved by the Plymouth Conservation Commission. The Town of Plymouth does not play a very active role in the management of this area or the Gurnet-Saquish area, which is also in the Town of Plymouth, because these land areas are disconnected and remote from the mainland of Plymouth. Access is only across the Powder Point Bridge in Duxbury and ORV (off-road vehicle) routes from Marshfield –- there is no direct land access from mainland Plymouth.
Duxbury Beach consists of the following protected coastal wetland resource areas:
barrier beach coastal beach (including tidal flats) coastal dunes salt marshes land containing shellfish land subject to coastal storm flowage
In addition, the state has declared that many areas of Duxbury Beach are rare species habitat, which calls for special management considerations.
3.2.1 (a) Barrier Beach
A barrier beach is a narrow low-lying strip of land generally consisting of coastal beaches and coastal dunes extending roughly parallel to the trend of the coast. It
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is separated from the mainland by a narrow body of fresh, brackish or saline water or a marsh system. A barrier beach may be joined to the mainland at one or both ends. (310 Code of Mass. Regulations 10.29)
Duxbury Beach is a barrier beach, which is identified as Db-1 by the state Barrier Beach Inventory Project (Mapping project conducted by the Provincetown Center for Coastal Studies for the Massachusetts Office of Coastal Zone Management, 1982).
Functions
Barrier beaches, including all of their coastal dunes, are significant to the public interests of storm damage prevention, flood control, and protection of marine fisheries, wildlife habitat, and, where there are shellfish, land containing shellfish. “Significant” means that they play a role in protecting these public interests of the Wetlands Protection Act.
Critical Characteristics
Since barrier beaches are composed of coastal beach and coastal dunes, the characteristics of a barrier beach that are critical to the protection of the public interests listed above are described below under the coastal beach and coastal dune subsections.
Performance Standards
When a barrier beach is significant to storm damage prevention, flood control, marine fisheries, or the protection of wildlife habitat, the following performance standards apply:
All performance standards for coastal beach and coastal dunes. No project may be permitted which will have an adverse effect on state-listed rare vertebrate or invertebrate species (see Section 3.2.1 (g) and Chapter 5).
3.2.1 (b) Coastal Beach
A coastal beach is unconsolidated sediment subject to wave, tidal and coastal storm action which forms the gently sloping shore of a body of salt water and includes tidal flats. Coastal beaches extend from the mean low water line landward to the dune line, coastal bankline or the seaward edge of existing man- made structures, when these structures replace one of the above lines, whichever is closest to the ocean. (310 Code of Mass. Regulations 10.27)
Tidal flats are the nearly level part of a coastal beach, usually extending from the low water line landward to the more steeply sloping portion of the coastal beach. On the bayshore they may end at the salt marsh line.
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At Duxbury Beach, coastal beach resource areas are present along the Cape Cod Bay and Duxbury Bay shorefronts of the barrier beach, with tidal flats along portions of both of these shorefronts.
Functions
Coastal beaches, including their tidal flats, are significant to the public interests of storm damage prevention, flood control, and the protection of wildlife habitat. Where tidal flats are present, they are presumed significant to the protection of marine fisheries and, where there are shellfish, to land containing shellfish.
Critical Characteristics
The characteristics of a coastal beach that are critical to storm damage prevention and flood control are:
the ability of the coastal beach to respond to wave action the volume and form of the beach
The characteristics critical to the protection of marine fisheries or wildlife habitat are: distribution of sediment grain size water circulation water quality relief and elevation
Performance Standards
When a coastal beach is significant to storm damage prevention, flood control, marine fisheries or the protection of wildlife habitat, the following performance standards apply:
Any project on a coastal beach (with a few exceptions described in the Wetlands Protection regulations) must not have an adverse effect by increasing erosion, decreasing the volume, or changing the form of any coastal beach or an adjacent or downdrift coastal beach. Any groin, jetty, solid pier, or other solid fill structure which will interfere with littoral drift, in addition to complying with the above must also be constructed as follows: It must be the minimum length and height demonstrated to be necessary to maintain beach form and volume (this demonstration should be based on coastal engineering, physical oceanographic and/or coastal geologic information); Immediately after construction, any groin must be filled to its entrapment capacity in height and length with compatible sediment (brought in from an off-site location); Jetties trapping littoral drift sediment must contain a by-pass system to transfer sediments to the downdrift side of the inlet,
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or when the inlet is redredged, the sediment should be used for beach nourishment to ensure that downdrift or adjacent beaches are not starved of sediments; and Beach nourishment with clean sediment of compatible grain size may be permitted.
When a tidal flat is significant to marine fisheries or the protection of wildlife habitat, the following performance standards apply:
Water-dependent projects must be designed and constructed using the best available measures to minimize adverse effects. Non-water-dependent projects must have no adverse effect on marine fisheries or wildlife habitat caused by: alterations in water circulation; alterations in the distribution of sediment grain size; and changes in water quality, including, but not limited to, other than natural fluctuations in the levels of dissolved oxygen, temperature, or turbidity, or the addition of pollutants. No project may be permitted which will have an adverse effect on specified habitat sites of state-listed rare vertebrate or invertebrate species (see Section 3.2.1 (g) and Chapter 5).
Protection of Coastal Beaches of Duxbury Beach
At Duxbury Beach there are two coastal beaches: the Cape Cod Bay ocean beach and the Duxbury Bay back barrier beach. In some lower wave energy areas of the Duxbury Bay shoreline, coastal beaches are fronted by salt marsh. All projects undertaken by the Duxbury Beach Reservation on its coastal beaches are specifically designed to increase the storm damage and flood control characteristics of this resource, while protecting and sometimes enhancing wildlife habitat.
When dredging occurs at the Green Harbor inlet, the Reservation has requested that this sediment be placed on the downdrift coastal beaches. At present, the Army Corps of Engineers’ dredging contractors dump the Green Harbor dredged material in approximately 15 feet of water at low water offshore of Green Harbor Beach. While not as optimum as direct beach nourishment, this action keeps the dredged material playing a role in the littoral system.
Furthermore, no activity that is designed to enhance the interests of storm damage prevention, flood control and wildlife habitat takes place on Duxbury Beach until approval is received by the Massachusetts Natural Heritage and Endangered Species Program and the Conservation Commission.
3.2.1 ( c) Coastal Dunes
A coastal dune is any natural hill, mound or ridge of sediment landward of a coastal beach deposited by wind action or storm overwash. Coastal dune is also the term used to describe sediment that is deposited by artificial means and
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serving the purpose of storm damage prevention and flood control. (310 Code of Mass. Regulations 10.28)
At Duxbury Beach, coastal dune resource areas are present along the entire length of the barrier beach.
Functions
Coastal dunes are significant to the public interests of storm damage prevention, flood control, and the protection of wildlife habitat. On barrier beaches all coastal dunes are deemed significant to these public interests.
Critical Characteristics
The characteristics of coastal dunes that are critical to the protection of storm damage prevention, flood control, and wildlife habitat are:
ability of the dunes to erode in response to the beach conditions volume and form of the dunes vegetative cover ability of the dune to move landward or laterally ability of the dune to continue serving as bird nesting habitat
Performance Standards
When a coastal dune is significant to storm damage prevention, flood control, marine fisheries, or the protection of wildlife habitat, the following performance standards apply:
Any alteration of, or structure on, a coastal dune or within 100 feet of a coastal dune shall not have an adverse effect on the coastal dune by: affecting the ability of waves to remove sand from the dune; disturbing the vegetative cover so as to destabilize the dune; causing any modification of the dune form that would increase the potential for storm or flood damage; interfering with the landward or lateral movement of the dune; causing removal of sand from the dune artificially; or interferring with mapped or otherwise identified bird nesting habitat. When a building already exists upon a coastal dune, a project accessory to the existing building may be permitted, provided that such work, using the best commercially available measures, minimizes the adverse effect on the coastal dune caused by the impacts listed above. The following projects may be permitted provided that they have no adverse effect on the coastal dune caused by the impacts listed above:
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pedestrian walkways designed to minimize the disturbance to the vegetative cover and traditional bird nesting habitat; fencing and other devices designed to increase dune development and to direct vehicular and pedestrian traffic; and plantings compatible with the natural vegetative cover. No project may be permitted which will have any adverse effect on the habitat of state-listed rare vertebrate or invertebrate species (see Section 3.2.1 (g) and Chapter 5).
Protection of Coastal Dunes on Duxbury Beach
At Duxbury Beach there is a very proactive program of coastal dune protection and, when possible, enhancement. Pedestrians and vehicles, which decades ago ran rampant across the dunes destroying stabilizing vegetation and affecting wildlife habitat, are kept out of dune areas through the use of snow fencing along the front beach and post and cable fencing along the designated roadway and parking lots. Symbolic fencing is used to keep vehicles and pedestrians out of tern and plover nesting areas. In addition, signage is used to educate the public concerning the value of dunes in storm damage prevention and to encourage protection of this resource area. Symbolic fencing is also placed at least 20 feet seaward of the toe of the dune to prevent vehicles and pedestrians from affecting pioneer beach and dune vegetation growth and subsequent embryonic dune establishment.
The Duxbury Beach Reservation has an active program of beach grass planting (see Section 6.2.1 in Chapter 6). Woody shrubs are planted in clumps in select locations in back barrier dunes to enhance their stability and provide greater habitat diversity. These activities have been designed by the Reservation, using best available practices, in consultation with the Massachusetts Natural Heritage and Endangered Species Program.
After the No-Name Storm in 1991 and another 100-year storm the following year, the Reservation worked with the Federal Emergency Management Agency (FEMA) and the Massachusetts Emergency Management Agency (MEMA) to rebuild the coastal dunes along portions of Duxbury Beach. This project, called the “sacrificial dune,” has been very successful, and the Reservation has maintained, and intends to maintain, the sacrificial dune by periodically nourishing those areas where the dune crest is lowered by storm overwash (see Section 6.3 in Chapter 6 for details on the sacrificial dune).
In 2007, an April northeaster damaged portions of the sacrificial dune, caused severe erosion along the front beach, and washed away all the snow fencing and posts. Total damage was estimated at $500,000. Despite the fact that the Reservation had maintained the sacrificial dune as required, FEMA denied the Reservation’s request for reimbursement of dune repairs. FEMA based its denial on the fact that Duxbury Beach is a “recreational” beach, and recreational facilities are no longer eligible for FEMA reimbursement (see Section 2.2 in Chapter 2).
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After the February blizzard of 2013, which caused damage in excess of $1 million, FEMA again denied reimbursement to the Reservation. That decision is still under appeal by the Reservation.
3.2.1 (d) Salt Marshes
Salt marsh is a coastal wetland that extends landward up to the highest high tide line, that is, the highest spring tide of the year, and is characterized by plants that are well adapted to, or prefer living in, saline soils. Dominant plants within salt marshes are salt meadow cord grass (Spartina patens) and/or salt marsh cord grass (Spartina alterniflora). A salt marsh may contain tidal creeks, ditches and pools. (310 Code of Mass. Regulations 10.32)
At Duxbury Beach, salt marsh resource areas are present along portions of the Duxbury Bay shorefront of the barrier beach.
Functions
Salt marshes are significant to the public interests of protection of marine fisheries, wildlife habitat, and, where there are shellfish, to the protection of land containing shellfish, to the prevention of pollution, to storm damage prevention, and to ground water supply.
Critical Characteristics
The characteristics of salt marshes that are critical to the protection of the public interests listed above are:
growth, composition, and distribution of salt marsh vegetation flow and level of tidal and fresh water presence and depth of peat
Performance Standards
When a salt marsh is significant to the protection of marine fisheries, to the prevention of pollution, to storm damage prevention, or to ground water supply, the following performance standards apply:
A proposed project in a salt marsh, on land within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh must not destroy any portion of the salt marsh and must not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution, and composition of salt marsh vegetation must be considered in evaluating adverse effects on productivity. The harvesting of salt marsh hay is not prohibited. A small project within a salt marsh, such as an elevated walkway or other structure, which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may
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be permitted if the project complies with all other applicable requirements of these regulations. A project which will restore or rehabilitate a salt marsh or create a salt marsh may be permitted. No project may be permitted which will have an adverse effect on state-listed rare vertebrate or invertebrate species (see Section 3.2.1 (g) and Chapter 5).
Protection of Salt Marsh on Duxbury Beach
Alterations to salt marsh are not permitted on Duxbury Beach. Salt marsh areas on Duxbury Beach are protected from potential impacts due to pedestrians and vehicles through the use of post and cable fencing along all parking areas and along the designated roadway for off-road vehicles.
Restoration of Salt Marsh on Duxbury Beach
In 2008, the Reservation began to consider the possibility of restoring a section of salt marsh that extends in a point southwesterly from the back side of the High Pines area. Aerial photographs show a steady erosion of the point, with about 7 acres of marsh having been lost since 1952. Several breakthroughs have occurred, and the rest of the point may disappear in the not too distant future. Salt marsh serves as a nursery area for young fish and other marine organisms and provides a source of nutrients for the coastal ecosystem. In addition, this particular point protects the bayside of the narrowest part of the beach from northwesterly winds.
The Technical Committee of the Reservation had proposed restoring the salt marsh using approximately 60,000 cubic yards of dredge material that would be generated — and otherwise dumped into Cape Cod Bay ― when the U.S. Army Corps of Engineers next dredged Duxbury Harbor. Preliminary tests showed that the material would be compatible for a salt marsh restoration project, but despite the interest of local and state officials, the Reservation was unable to generate support for the project among the regulatory authorities. Duxbury Harbor finally was dredged in late 2015 and early 2016, but, as in the past, the dredge spoils were deposited in Cape Cod Bay.
3.2.1 (e) Land Containing Shellfish
Land containing shellfish refers to land under the ocean, tidal flats, rocky intertidal shores, salt marshes and land under salt ponds when any such land contains shellfish. (310 Code of Mass. Regulations 10.34)
At Duxbury Beach, land containing shellfish resource areas are present offshore of the front beach as well as along tidal flats of the Duxbury Bay shoreline of the barrier beach.
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Functions
Land containing shellfish is significant to the public interests of protection of shellfish resources as well as marine fisheries when it has been mapped by the Conservation Commission or the Massachusetts Department of Environmental Protection, either based upon maps and designations of the Massachusetts Division of Marine Fisheries or upon maps and written documentation of the shellfish constable.
Critical Characteristics
The characteristics of land containing shellfish that are critical to the protection of the public interests listed above are:
presence of shellfish water quality water circulation natural relief elevation or distribution of sediment grain size
Performance Standards
When the resource area is significant to the protection of land containing shellfish and marine fisheries, the following performance standards apply:
Any project on land containing shellfish must not adversely affect such land containing shellfish by a change in the productivity of the land caused by: alterations of water circulation; alterations of relief elevation; compacting of sediment by vehicular traffic; alterations in the distribution of sediment grain size; alterations in natural drainage from adjacent land; or changes in water quality including, but not limited to, other than natural fluctuations in the levels of salinity, dissolved oxygen, nutrients, temperature, or turbidity, or the addition of pollutants. A project which temporarily has an adverse effect on shellfish productivity but which does not permanently destroy the habitat may be permitted if the land containing shellfish can and will be returned substantially to its former productivity in less than one year from the commencement of work. For land containing shellfish that is significant because it has been designated by the Massachusetts Division of Marine Fisheries or the municipal shellfish constable, a project may be permitted, if the shellfish are moved to a suitable location after consultation with the shellfish constable and the Massachusetts Division of Marine Fisheries. The project may not commence until after the moving and replanting of shellfish have been completed.
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Projects approved by the Massachusetts Division of Marine Fisheries that are specifically intended to increase the productivity of land containing shellfish may be permitted. Aquaculture projects approved by the appropriate local and state authority may also be permitted. No project may be permitted which will have an adverse effect on state-listed rare vertebrate or invertebrate species (see Section 3.2.1 (g) and Chapter 5).
Protection of Land Containing Shellfish on Duxbury Beach
In some locations, the tidal flats on the Duxbury Bay shoreline of Duxbury Beach contain productive shellfish beds. These areas are protected from vehicular impacts through the use of post and cable fencing on the designated roadway to keep vehicles off these resource areas.
3.2.1 (f) Land Subject to Coastal Storm Flowage
Land subject to coastal storm flowage is that area that is mapped by the Federal Emergency Management Agency (FEMA) on community Flood Insurance Rate Maps. On Duxbury Beach it includes velocity zones, overwash zones, and areas of still water flooding during the 100-year statistical storm. This land is an overlay resource area that includes other coastal wetland resource areas ― coastal beach, coastal dune, and salt marsh.
Functions and Critical Characteristics
Land subject to coastal storm flowage is significant to the interests of storm damage prevention and flood control. The functions and critical characteristics of these resource areas are described earlier relative to their role in the protection of these interests.
Performance Standards
There are currently no performance standards for work in land subject to coastal storm flowage. For work on structures, compliance with the state building code is currently presumed to be adequate for this overlay resource area. Other work should not increase coastal flooding by redirecting floodwaters or by decreasing the ability of resource areas to provide their natural storm damage protection functions.
Land Subject to Coastal Storm Flowage on Duxbury Beach
All of Duxbury Beach is in the 100-year coastal floodplain. Some areas are in velocity zones, which are those areas that FEMA has mapped as being likely to have at least a 3-foot wave with velocity moving across the beach or dune surface during the 100-year storm. All work that is carried out on the pavilion building at Duxbury Beach Park must meet the state building code standards. Most other projects on Duxbury Beach are intended to increase the coastal storm prevention capability of the barrier beach resource area; therefore, these projects are
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consistent with the intent of the protection sought for land subject to coastal storm flowage.
3.2.1 (g) Rare Species Habitat
Estimated Habitat Maps of state-listed vertebrate and invertebrate occurrences are provided by the Massachusetts Division of Fisheries and Wildlife’s Natural Heritage and Endangered Species Program (NHESP) as a service to municipal conservation commissions that are charged with protecting rare species habitat under the Wetlands Protection Act. These maps define the estimated geographical extent of all listed rare wetland wildlife species for which occurrences have been reported and documented to the satisfaction of the Natural Heritage Program.
The Massachuetts Department of Environmental Protection (MassDEP) defers to the scientific opinions of the Massachusetts Division of Fisheries & Wildlife’s Natural Heritage and Endangered Species Program (NHESP) in determining the location and extent of actual habitat of state-listed rare species. MassDEP also relies on the NHESP to determine whether a proposed activity will have an adverse effect, whether short- or long-term, on the habitat of the local rare species population. The NHESP’s opinion is presumed to be correct and may be challenged only upon a clear showing to the contrary.
On Duxbury Beach, rare species habitat is currently identified for all portions of the barrier beach southward from the Powder Point Bridge.
Functions and Critical Characteristics
Rare species wildlife habitat provides all the requisites for breeding, nesting, foraging and resting for the species listed in 310 CMR 10.60. Certain rare, state- listed species have specialized requirements that are met by the ecosystem on barrier beaches.
Performance Standards
When a project is proposed to alter a resource area that is part of the actual habitat of a state-listed species, the following performance standard applies:
No project may be permitted which will have any short or long-term adverse effect on the habitat of the local population of that species.
Protection of Rare Species Habitat on Duxbury Beach
A very comprehensive program has been developed to protect rare species habitat on Duxbury Beach. It is described in the next chapter. Furthermore, no activity that will remove, fill, dredge or alter takes place without prior approval from the NHESP. Approval must also be obtained from the Duxbury Conservation Commission prior to beginning any activity.
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3.2.2 Town of Duxbury Wetlands Bylaw, Chapter 9
The Town of Duxbury has enacted its own wetland law through a local general bylaw passage entitled Chapter 9 Wetlands Protection. The local bylaw contains the same wetland resource areas previously identified under the state Wetlands Protection Act. However, two additional public benefits are included in the local bylaw: recreation and aesthetics. The bylaw allows the local Conservation Commission to adopt additional definitions, regulations, and performance standards deemed necessary to protect the interests of the bylaw. In April 1989, the Duxbury Conservation Commission adopted twenty regulations using the authority granted to them under the bylaw. Regulations number 9, 19, and 20, listed below, may apply to work proposed on Duxbury Beach.
9. All structures and substantial alterations proposed in an area subject to coastal storm flowage or flooding as determined by Flood Insurance Rate Maps (FIRM) shall comply with the Massachusetts Building Code Regulations for construction in a floodplain.
19. No new residential homes or commercial buildings shall be located on a dune area that is void of said inhabitable structures on the effective date of this regulation.
20. In all undeveloped barrier beach areas, no pavement or concrete or other impervious paving material may be placed covering the surface of the ground inhibiting the natural migration of sand.
3.3 Duxbury Harbormaster/Coastal Natural Resources Department
The Duxbury Harbormaster/Coastal Natural Resources Department implements the following Town of Duxbury Rules and Regulations, which are described in the sections that follow:
Beach Rules and Regulations Shellfish Rules and Regulations Harbor Rules and Regulations Dog Rules and Regulations
Since the department is responsible for the overall management of Duxbury Beach, it must ensure that users of the beach comply with other environmental statutes and regulations including the state Wetlands Protection Act and local Wetlands By-law, the state and federal Endangered Species Acts, the state Fisheries & Wildlife statutes, and the federal Clean Water Act.
3.3.1 Town of Duxbury, Beach Rules and Regulations
The Town of Duxbury Beach Rules and Regulations (see Appendix D) contain specific language concerning the following activities on Duxbury Beach: walking, swimming, boating, horseback riding, shellfishing, fishing, and hunting. General beach regulations
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describe other use restrictions, including those associated with drinking of alcoholic beverages, removal of natural material from the beach, trash, bonfires, camping, fireworks, loitering, and beach functions. The regulations have a detailed section on the use of oversand vehicles.
3.3.2 Town of Duxbury, Shellfish Rules and Regulations
The Town of Duxbury Shellfish Rules and Regulations describe the standards for the taking of eels, shellfish, and seaworms. They apply to all areas of Duxbury Beach that are open to the harvest of these resources (see Appendix D).
3.3.3 Town of Duxbury, Harbor Rules and Regulations
The Town of Duxbury Harbor Rules and Regulations apply to boating activities for all areas of the harbor and municipal waterways. These regulations apply to all areas of Duxbury Beach under the control of the Harbormaster/Coastal Natural Resources Department..
3.3.4 Town of Duxbury, Dog Rules and Regulations
In 1998, the Board of Selectmen implemented a dog control policy that prohibited dogs on the front beach from the resident parking lot to the beginning of the ORV section from May 1 through September 15. In 2001, following the loss of a piping plover on Duxbury Beach (unrelated to the presence of dogs), state officials from the U.S. Fish and Wildlife Service urged the town of Duxbury to ban dogs from the beach from April 1 to August 31, in keeping with state and federal guidelines regarding endangered species. In January 2002, the Board of Selectmen endorsed the dog ban, which resulted in a huge outcry from local citizens. After many hearings, all parties, including state officials, agreed to a new set of regulations that remain in effect today (see Section 4.2 in Chapter 4 and Appendix D). Basically, owners who wish to exercise their dogs on Duxbury Beach during the piping plover season must apply for a dog-walking permit at Town Hall. As of 2011, when dog owners receive their permit, they are also given a dog-walking tag, which the dog must wear. Dogs must be leashed and wearing the tag when on the beach from April 1 to August 31. Properly leashed and permitted dogs are allowed in the ORV area of the front beach and south of the bridge on the bay side but are prohibited from the front beach (resident beach) north of the ORV area and from the bay side north of the bridge.
3.4 Massachusetts Natural Heritage and Endangered Species Program
The Massachusetts Barrier Beach Task Force’s document entitled “Guidelines for Barrier Beach Management in Massachusetts” provides a succinct summary of the State Endangered Species Act. MassDEP also has issued guidance for barrier beach management. The NHESP maps the Duxbury Beach barrier beach area as “High Priority Sites of Rare Species Habitats and Exemplary Natural Communities.” The endangered and threatened species that have been of most concern in terms of managing off-road vehicles on Duxbury Beach are piping plovers and
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Before an activity takes place on Duxbury Beach, prior approval is obtained from NHESP and the Duxbury Conservation Commission. In this way, there is assurance that activities comply with these guidelines.
3.5 Massachusetts Environmental Policy Act (MEPA) Office
The Massachusetts Environmental Policy Act (MEPA) is the state program in the Executive Office of Energy and Environmental Affairs that oversees the Massachusetts Environmental Policy Act. This office reviews submissions, either Environmental Notification Forms or, for large and/or complex projects, Environmental Impact Reports. This program seldom applies to projects at Duxbury Beach, since most permitting of activities at Duxbury Beach is handled at the local level.
3.6 Massachusetts Office of Coastal Zone Management (CZM)
The Massachusetts Office of Coastal Zone Management (CZM) implements the federal Coastal Zone Management Act in Massachusetts. Projects requiring federal funding or federal permitting that also exceed certain MEPA thresholds must obtain a Coastal Zone Management Federal Consistency Certification and demonstrate that the project is consistent with the policies of this state agency. Since federal permits and/or funding are seldom required for projects on Duxbury Beach, there usually isn’t the need to apply for CZM consistency.
Another function of CZM is to provide technical assistance, and CZM staff often work with other state and federal agencies to provide input on topics of concern to coastal communities. The CZM office was responsible for organizing and staffing the state’s Barrier Beach Taskforce and the preparation of the document entitled “Guidelines for Barrier Beach Management in Massachusetts,” which was used as the basis for this management plan. In the aftermath of the 1991 and 1992 coastal storms, the CZM South Shore regional coordinator was very helpful in assisting the Duxbury Beach Reservation obtain disaster assistance funds from the Massachusetts Emergency Management Agency (MEMA), the state agency responsible for the disbursement of FEMA disaster funds for coastal storm relief. It was these reimbursements which made possible the two sacrificial dune projects on Duxbury Beach.
The Office of Coastal Zone Management sponsored a field trip to Duxbury Beach as part of the international CZ97 conference. Duxbury Beach was chosen because it serves as a good example of a beach with a comprehensive beach management program.
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3.7 U.S. Fish and Wildlife Service: Federal Endangered Species Act
A summary of the Federal Endangered Species Act of 1973 is included in the U.S. Fish and Wildlife Service’s document entitled “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid a Take Under Section 9 of the Endangered Species Act.” The federal statute provides additional regulatory oversight for the management of endangered species. On Duxbury Beach this means additional emphasis on the protection of piping plovers.
3.8 U.S. Army Corps of Engineers: Clean Water Act, Section 404
Section 404 of the Clean Water Act provides the Army Corps of Engineers with authority for the protection of the nation’s wetlands. Section 404 jurisdiction at Duxbury Beach applies to salt marshes along Duxbury Beach and all beach areas below the annual high water line. Since most permitted activities on Duxbury Beach occur above this line and no work occurs in salt marshes, Army Corps Section 404 permits are almost never required on Duxbury Beach. If the Reservation were able to do a salt marsh restoration project, it would need a Section 404 permit.
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4 Beach Use and Management
4.1 Off-Road Vehicle (ORV) Access
The deeds to Duxbury Beach stipulate a right-of-way over the beach for access for residents of the approximately 300 homes and cottages in the Gurnet-Saquish area at the south end of the beach. A court case confirmed this right, although the location of the right-of-way was not specified and the Reservation has no responsibility to maintain any such right-of-way. Off-road vehicle (ORV) use at Duxbury Beach has occurred for many years in conjunction with this access to Gurnet-Saquish, as well as for recreational beach use.
In 1974, the Duxbury Beach Association, the predecessor to the Duxbury Beach Reservation, Inc., began to create a designated roadway for vehicles in an effort to halt destruction of the dunes being caused by vehicles being driven all over the front beach and even over the dunes. Post and cable fencing was installed along both sides the roadway. The Reservation extended the designated roadway and post and cable fencing along the full length of the beach. ORV use is now well monitored and aggressively managed and regulated along the designated roadway and on areas of the front beach where recreational vehicles are allowed (see Section 6.4).
4.1.1 Established Track Program
The established track program was created in 1992 by the Duxbury Harbormaster/Coastal Natural Resource Department and the Duxbury Beach Reservation to organize ORV traffic and activities on the front beach for public safety and to protect resource areas. Prior to the established track program, ORVs would travel anywhere within authorized areas, including on tidal flats, over the wrack line, in the water, in sun bathing and pedestrian areas, and on the crossovers, sometimes blocking access. The implementation of the established track program separated these incompatible activities and reduced impacts to the beach, dunes, and endangered species habitat.
4.1.1 (a) Front Beach
ORV access to the front beach and the established track is through two carefully selected crossovers. A third crossover is located south of High Pines and may be opened at the discretion of the Harbormaster/Coastal Natural Resources Department. The established track is seaward or east of the toe of the dune, permanent symbolic fencing, and the storm wrack, and landward or west of the daily wrack. The established track varies from 25 to 50 feet wide, depending on beach conditions and tide height. It consists of two travel lanes, one running north and one running south. All ORVs on the front beach must travel in these lanes and park perpendicular to the established track between the established track and the daily wrack line. ORVs are not allowed to park on or travel over the daily wrack line and must never impede travel in the travel lanes. This system protects the
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various wrack lines and the toe of the dunes. It also creates a Safe Zone for pedestrians between the daily wrack line and the water's edge.
4.1.1 (b) Back Beach—Recreational ORVs
On the back beach (Duxbury Bay side), recreational ORV access is permitted only at one designated access point located .6 miles south of the bridge and as authorized by the Harbormaster/Coastal Natural Resources Department. From the access point, ORVs may be operated north to posts located .3 miles south of the bridge and south to posts located .7 miles south of the bridge. ORVs are confined to the natural cobble area below the roadside cobble berm and the high water line. They are further confined to an area above the tidal flats, and only three hours either side of low tide. Recreational ORV access to the remainder of the 4 miles of back beach is prohibited.
4.1.1 (c) Back Beach—Commercial Shellfishermen
The Town of Duxbury has always supported a small number of residents who are commercial shellfishermen. To protect this group’s historic access to Duxbury Bay, the Duxbury Harbormaster/Coastal Natural Resource Department and the Duxbury Beach Reservation conceived and implemented a program of restricted access that allows commercial shellfishermen to travel by ORV out to the extensive shellfish areas on the back of the beach for the exclusive purposes of dropping off and/or picking up their gear and catch. Parking within the resource area is only allowed for as long as it takes to pick up and/or drop off supplies or shellfish harvest. Commercial shellfishermen are provided official instructions on access. They must travel the shortest distance to the beds over the closest available access way using one lane out and back, provided that the ORV tire track is obliterated in two tide cycles (24 hours). They may not park within the resource area.
There are only three locations where commercial shellfishermen can access the shellfish beds: the cobble area next to the boat channel, the second crossover (bayside), and the third crossover (bayside). All three of these access ways are controlled by gates, cables, ropes, or barriers and are posted for authorized access only. Commercial shellfish ORV access is prohibited in areas where unfledged endangered species are present.
4.1.2 ORV Limits
South of the Powder Point Bridge, excluding the paved south parking lot, the Reservation has imposed the following ORV parking restrictions:
A maximum of 500 ORVs, 250 with resident permits and 250 with non-resident permits, are allowed on the front beach at any one time. These caps are applied separately, and available spaces may not be reallocated between resident and non-resident permit holders. For example, if the cap on non-resident permit holders has been reached, available resident spaces may not be assigned to non- residents such that the non-resident cap is exceeded. The 500 ORV limit is reduced at times by the Duxbury Harbormaster/Coastal Natural Resources
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Department when portions of the front beach are closed due to the presence of endangered species or when natural conditions (high tide or high seas) mandate further restrictions. The 50-50 split between residents and non-residents is maintained whenever the 500 vehicle maximum limit is reduced. For example, if the maximum number of ORVs is reduced from 500 to 300, that means neither category may exceed 150. Reallocation of resident and non-resident spaces is also prohibited when the 500 vehicle cap is reduced. A maximum of 35 ORVs are allowed in the cobble area at any one time. Access is further restricted to three hours either side of low tide. A total restriction of 75 ORVs on the back side of the beach includes the 35 ORVs allowed in the cobble area and up to 40 ORVs in the turnouts along the roadway and the restricted areas within the vehicle crossovers themselves.
ORV limits are managed and strictly enforced by the Duxbury Harbormaster/Coastal Natural Resources Department. As ORV limits are approached on any given day in any section of the beach, that section is shut down and further ORV access is prohibited. ORV access restriction controls occur throughout the beach. On busy days, ORV access restriction controls may be imposed at the west end of the Powder Point Bridge or at the flagpole at the intersection of St. George and Washington Streets. When ORV limits are approached and access restrictions go into effect, the Duxbury Harbormaster/Coastal Natural Resources Department posts notices of such restrictions in three off-beach areas and alerts Duxbury’s Emergency/Public Safety Departments to stand by in case enforcement assistance is needed.
Parking limit maximums for the front and back beach areas are lowered as needed during periods of unusually high tides, sea conditions, other public safety issues, or to protect endangered and threatened shorebird species. Daily modifications to these parking limit maximums are at the discretion of the Duxbury Harbormaster/Coastal Natural Resources Department, but at all times, the 50/50 split of resident and non-resident vehicles is maintained.
Beginning in 2015, the Reservation has offered additional parking at no extra cost for ORV permit holders who are turned away because of beach closures during the endangered species season. The additional parking area is at the far northern pavilion parking lot identified as the Lagerstedt Lot. The Harbormaster/Coastal Natural Resources Department will manage the lot and the beach area in front of the lot when it is in use.
See Appendix L for the standard operating procedure (SOP) for “Monitoring and Enforcement of ORV Access.”
4.1.3 Protection of Resources from ORV Use
4.1.3 (a) Background
ORVs pose a threat to wetland resource areas if they are allowed to operate without proper management controls. Leatherman and Godfrey (1979) summarized the results of five years of research on the ecological and geomorphic effects of off-road vehicles on coastal ecosystems. This pioneering research was conducted in the Cape Cod National Seashore, and it was well documented that uncontrolled ORV use can destroy beach grass rhizomes and other coastal
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wetland plants. ORV use can cause geomorphic changes by lowering dune profiles and compressing the organic sediments of salt marshes. It can also interfere with coastal bird nesting areas and feeding areas.
The following recommendations, paraphrased from Leatherman and Godfrey, are provided for background information. These recommendations have been incorporated into specific management practices on Duxbury Beach.
Beach
1. Restrict ORV use, whenever possible, to the outer ocean beach, seaward of the drift-line zone and expanding dune edge of the upper backshore.
2. Close beaches when they are narrow, especially during exceptionally high tide events or sea conditions, because not doing so forces drivers to travel along the face of dunes or through shorebird nesting sites and embryonic dunes.
3. Protect nesting areas of least terns and other colonial shorebirds by:
using fencing to enclose shorebird habitat areas; posting signs at least 100 feet on either side of a colony. Pedestrians are urged not to approach any closer than 100 feet; vehicles can pass somewhat closer, but people cannot leave their vehicles because doing so could scare the birds and lead to nesting failures; restricting beach traffic to marked tracks; enforcing strict leash laws for pets. (See Section 4.2)
Dunes
1. Prevent vehicle entry into previously closed dune regions.
2. Build dune ramps to permit vehicular and pedestrian access through dune zones.
3. Design dune ORV trails such that:
the most sensitive beach and dune areas are avoided, trail orientation does not contribute to wind-induced blowout creation, sharp turns and steep grades are avoided, cable fencing is used to mark the route and restrict access, and the number of trails is minimized.
4. Maintain dune ORV trails in good condition.
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5. Close existing trails in the most sensitive habitats, such as heath lands and shrubs.
Salt Marshes and Tidal Flats
1. Close all salt marsh and tidal habitat to ORV use.
2. Move ORV trails from the border zone between salt marsh and dunes to a more upland location.
Public Information Program
1. Develop signage and brochures that educate the public about appropriate ORV use and access.
Off-road vehicle management recommendations are also provided in the Massachusetts Barrier Beach Task Force’s document entitled, Guidelines for Barrier Beach Management in Massachusetts. These recommendations summarize the vehicle management guidelines provided in the Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program’s Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns, and their Habitats in Massachusetts.
The key to off-road vehicle management is control. Vehicles must be managed so that they are not allowed into coastal environments where they will cause destruction of stabilizing vegetation and/or significant changes to the geomorphic characteristics of coastal landforms. They must also be managed so that they do not adversely affect public safety, wildlife, rare species habitat, or rare species.
4.1.3 (b) Protective Actions on Duxbury Beach
The following areas of the barrier beach are the most sensitive areas, and ORV use is banned from these areas:
1. Salt marsh. No vehicles are allowed in any of the extensive salt marsh on the back side of the barrier. 2. Tidal flats. With the exception of commercial fishermen, who are occasionally allowed to follow one track out to the shellfish beds to drop off equipment and pick up their catch, no vehicles are allowed on the tidal flats. 3. Shellfish beds. No vehicles are allowed in the shellfish beds.
4. Dune edge and fore dune ridge. These areas are protected by the installation of snow fencing that runs almost the entire length of the beach. Also, permanent symbolic fencing is used to further protect the dune edge (see Chapter 6). 5. Coastal dunes with the exception of the three ORV crossovers and the designated roadway.
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6. Endangered species habitat specifically delineated by the Coastal Natural Resources Endangered Species Officer (CNR/ESO).
These additional management actions are followed on Duxbury Beach:
1. Front beach ORV closure. ORV parking and travel on the front beach are prohibited entirely when the width of the beach narrows such that the 25- to 50-foot wide established track cannot be maintained. Any decision to close the beach to ORV traffic is made by the Duxbury Harbormaster/Coastal Natural Resources Department or the CRN/ESO at his/her discretion. 2. Define ORV corridors. ORV trails or corridors are defined and sited to avoid salt marsh, dunes, the fore dune ridge, wildlife habitat areas, and especially rare species habitat. 3. Limit ORVs to corridor by fencing. ORV travel is restricted to corridors by the use of post and cable fencing and other effective fencing techniques, including the established track program. The landward edge of the ORV corridor on the outer beach is defined by the use of snow fencing so that vehicles are not allowed to access the edge of the dune. Symbolic fencing is used to define areas of bird nesting. Permanent symbolic fencing, which consists of posts spaced approximately 50 feet apart and 20 feet seaward of the toe of the dune, is maintained along much of the front beach available to the ORVs. It has proved to be especially effective in protecting the toe of the dune. 4. Maintain designated roadway to Gurnet-Saquish. The main ORV corridor, the designated roadway to the Gurnet/Squish area, is maintained to prevent excessive ORV impacts to the rest of the beach. By maintaining this roadway and fencing, the Reservation is able to confine all ORV traffic to a narrow area beyond the reach of the dunes. Due to the ongoing landward migration of Duxbury Beach, it is necessary to move the designated roadway landward periodically to maintain the fore dune ridge of the barrier. 5. Parking. Scenic parking areas are provided along the designated roadway and are clearly marked with signs. With the exception of the restricted parking in the vehicle crossovers, all parking along the roadway is limited to these designated areas. On the front beach, parking areas are designated and regulated within the established track program and with other management measures. 6. Signage. Regulatory, informational, and educational signs are conspicuously placed throughout the beach region to provide users with information regarding safe and appropriate access and resource protection. Sensitive areas are clearly marked and rigorously cordoned off from all users. 7. Education. Beach brochures of the rules and regulations are issued with every permit. In addition, the Duxbury Harbormaster/Coastal Natural Resources officer at the east end of the bridge passes out
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handouts, including an endangered species brochure, to make sure that all beach guests receive appropriate and necessary information. On weekends, approximately 500-1,000 handouts are issued to beach guests each day. The department also uses chalkboards throughout the beach region to provide updates of important information and maintains a website of current information and material at www.duxburyharbormaster.org. 8. Endangered Species Program. This important component of ORV management on Duxbury Beach is discussed in Chapter 5.
4.1.3 (c) ORV Speed Limits
The Reservation, with the concurrence of the Duxbury Board of Selectmen, has imposed the following speed limits on the beach and designated roadway:
Nesting Season (April 15 to August 15)
Front and back beach, unfledged chicks present: no vehicles allowed Front and back beach, no unfledged chicks present: 10 miles per hour Designated roadway, unfledged chicks present: 5 miles per hour Designated roadway, no unfledged chicks present: 15 miles per hour
Note: The presence of unfledged chicks is determined by the CNR/ESO in collaboration with the Mass Audubon Biologist.
Off-season (August 16 to April 14 but may be extended due to presence of either nesting pairs or unfledged chicks)
Front and back beach: 10 miles per hour Designated roadway: 15 miles per hour
These speed limits are posted and strictly enforced by the Duxbury Harbormaster/Coastal Natural Resources Department. The town of Duxbury gives a comprehensive summary of the Duxbury Beach Rules and Regulations, including approved ORV use, to everyone who purchases a permit (see Appendix D).
4.2 Dog Access
4.2.1 Background
Prior to 1998, dogs had access to all of Duxbury Beach with the exception of Duxbury Beach Park, also known as Blakeman’s. Duxbury Beach Park, which is not now and never has been, leased to the town of Duxbury, has had a “no dogs allowed” policy for decades. However, dogs were allowed on the portion of Duxbury Beach that the town of Duxbury
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leases from the Duxbury Beach Reservation, Inc. Because of pressures resulting from the Endangered Species Act and complaints from people using the beach related to unleashed and/or uncontrolled dogs, the Duxbury Beach Committee recommended to the Board of Selectmen a new policy concerning dogs. This policy, implemented by the Board of Selectmen in 1998, was as follows:
Dogs were prohibited from the front beach (the resident portion of the beach from the Duxbury Beach Park to the beginning of the ORV portion of the beach) from May 1 through September 15. Dogs were prohibited from the back beach north of the Powder Point Bridge and adjacent to the resident parking lot. Only dogs restrained by a leash were permitted on the beach properties as authorized.
On June 26, 2001, a piping plover (protected by the Endangered Species Act) was killed on Duxbury Beach, causing a chain of events relative to the Endangered Species Program on Duxbury Beach. On October 30, 2001, the U.S. Fish and Wildlife Service and the State Natural Heritage and Endangered Species Program (NHESP) held a meeting to investigate the circumstances of this “taking.” Officials from the town of Duxbury, representatives from Mass Audubon, and officers of the Duxbury Beach Reservation, Inc. attended the meeting. Although the taking was declared to have occurred under extenuating circumstances (during an extensive search and rescue mission) and the responsible parties (the Duxbury Beach Reservation and the town of Duxbury) were not held accountable, officials from U.S. Fish and Wildlife made several recommendations to strengthen the endangered species protection practices on Duxbury Beach. One of the recommendations was that the town of Duxbury ban dogs from the beach from April 1 to August 31, in keeping with state and federal guidelines regarding endangered species. The guidelines referenced are contained in the Guidelines for Barrier Beach Management, dated February 1994 and issued by Massachusetts Office of Coastal Zone Management (CZM). On page 208 of these guidelines is the following statement: “Pets should be leashed and under control of their owners at all times from April 1 to August 31 on beaches where piping plovers or terns are present or have traditionally nested. Pets should be prohibited on these beaches from April 1 through August 31 if, based on observations and experiences, pet owners fail to keep pets leased and under control.” On January 14, 2002, the Board of Selectmen endorsed the proposed dog ban. Outraged dog owners formed a group called BARC (Beach Access Rights Committee) to challenge the ban. BARC lobbied hard, claiming that the present rules regarding dogs were sufficient if they were enforced and dog owners were educated about the rules. The Reservation spent many months meeting with the BARC group and conferring with the NHESP to write new regulations to protect unfledged chicks while allowing dogs limited access to the beach. Eventually, all parties agreed to the new regulations (see Section 4.2.2 below) that state officials agreed to accept. As with all regulations, enforcement is key to their success.
4.2.2 Dog Access Regulations
The following rules shall be in effect on Duxbury Beach properties from April 1 to September 15.
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1. A dog on Duxbury Beach properties shall be at all times leashed and under immediate and effective control of its handler. NOTE: “Immediate and effective control” is determined by Harbormaster/Coastal Natural Resources Department personnel. 2. Any person wishing to take a dog onto Duxbury Beach properties shall register with the Town of Duxbury and obtain a permit and beach dog tag. Registration and permits will be available at the Duxbury Town Hall between the hours of 8:00 AM and 3:45 PM, Monday through Thursday, and between the hours of 8:00 AM and 11:45 AM on Friday. The dog tag must be on the dog at all times while the dog is on Duxbury Beach properties. 3. If in accordance with all rules and regulations, dogs are allowed on the Duxbury Beach properties between the hours of 8:00 AM and sunset, unless these hours are amended by action of the Duxbury Harbormaster’s Department. In all events, dogs are prohibited on Duxbury Beach properties between the hours of sunset and 8:00 AM. 4. Unless specifically amended by these rules or, if applicable, by action of the Duxbury Harbormaster/Coastal Natural Resources Department, all other Duxbury, state, and federal dog control regulations shall continue to apply. These include regulations under the “Special Dog Regulations contained within the General Beach and Motor Vehicle Regulations” pamphlet, Section 7.1 of the General By-laws of the Town of Duxbury, and Article 37 of the 2002 Duxbury Annual Town Meeting. 5. Dogs and their handlers are prohibited from all dune, vegetated, marsh grass, posted bird or wildlife areas, and all fenced areas. 6. Dog handlers are required at all times of the year to remove droppings from the Powder Point Bridge, beach parking lots, and all beach areas. 7. All dogs are prohibited from the front beach, known as the Resident Beach, south to the poles delineating the start of the ORV beach, April 1 to September 15. 8. All dogs are prohibited from the back beach north of the Powder Point Bridge adjacent to the resident parking lot, April 1 to September 15. 9. Dogs and their handlers are prohibited from disturbing any endangered species or wildlife on Duxbury Beach. 10. Any violation of these Rules & Regulations of Duxbury General By-Law or other federal/state law may result in non-criminal and/or criminal process or provisions found in the Duxbury General By-Laws, involving the revocation of the dog permit for the remainder of the season. If a dog permit is revoked, such revocation shall be recorded at the Duxbury Town Hall, and their immediate family will not be eligible to re-apply for another permit until the following year.
4.3 Marine Access
Marine access is closely managed on Duxbury Beach. Vessel access areas are defined for the following types of marine uses:
Jet skis and other motorized watercraft Sailboats
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Canoes and kayaks Sailboards Boats operated by commercial and recreational shell and fin fishermen Marine access by trailer
Post and cable fencing along the designated roadway and snow fencing on the outer beach are used to control access and limit adverse impacts to resource areas in vessel access areas. At no time shall marine craft be stored on the salt marsh. A buoy system has been created to aid in the management of marine use and access. Education and enforcement are also important components in the management of access for these uses.
4.4 Shore Access
Other forms of access are also managed closely, including the following
Pedestrian: As with the designated roadway, the Reservation has closed all but a few of the former walkways through the dunes. The few walkways not closed have been made narrower. Width reduction was accomplished by the use of 4-foot high snow fencing placed at an angle to the shore so as to reduce erosion by wind. The Reservation protects most of the dunes by snow fencing, maintaining about 26,000 feet of fencing. Access for the physically challenged: The beach has two pedestrian ramps to allow access to the front beach for physically challenged individuals. These ramps are 10- feet wide and allow two wheelchairs to pass and meet all state requirements for access ramps. Both ramps have proved highly successful and are used by the general public not only for access to the front beach but also as scenic view platforms. A third ramp was constructed in 2014 by an Eagle Scout to allow wheelchair access to the back beach behind the guard shack at the end of the Powder Point Bridge. Horseback riding: allowed with a permit. Fin and shell fishing from beach: allowed with appropriate permits. Waterfowl hunting: allowed with a state license. Bird watching. Shell collecting. Cooking and picnicking: all fires must be in a metal container, and any hot coals or ash must be removed when leaving the beach. Dog walking: See Section 4.2.2. Commercial vendors: allowed in designated areas with appropriate permits. Private functions: allowed with a special permit from the town. Swimming: At posted times, lifeguards are on duty in designated areas. Ball playing and other games. Surfboard and skimmer disk use: allowed in designated areas. SCUBA diving and snorkeling from shore: allowed in designated areas. Seaweed harvesting from shore. Commercial filming: allowed with a special permit from the town.
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Firework use by private individuals is prohibited on Duxbury Beach at all times, and kite flying is prohibited when endangered species are present. To reiterate, all ORV access to Duxbury Beach properties is controlled and managed by using fencing, enforcement, and education. It should be noted that snow fence along the entire length of the front beach and post and cable fence on both sides of the designated roadway along with aggressive monitoring, has resulted in no impacts by vehicles or pedestrians to over 80 percent of the entire beach.
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5 Endangered Species Program
The goal of the Endangered Species Program (ESP) is to protect piping plovers, least terns, and other endangered, threatened, or protected species, while allowing reasonable vehicle access and other appropriate uses and activities to occur on Duxbury Beach Reservation, Inc. (DBR) properties. The fledge rate on Duxbury Beach has in general been above the average for east- facing beaches on the South Shore and above 1.25, the rate required to sustain the species. In 2006, for example, the rate on Duxbury Beach was 1.33, but in 2009, with only 4 fledges from 11 pairs, the rate fell to 0.40. The disappointing number of fledges was the result of two factors: weather—that is, nests were washed out by flood tides or storms—and predation of either eggs or young chicks. DBR responded to the declining fledge rate by implementing a limited crow predation control program in 2010 (see Section 5.4), an action that brought the fledge rate back up to 1.45 and to 1.58 the following year. In 2012, the fledge rate fell to 0.93 but went up again in 2013 to 1.94. In 2014, the rate fell to 0.92 but rose again in 2015 to 1.20. (Piping plover fledge rates for Massachusetts, the South Shore, and Duxbury Beach may be found in Appendix M.)
The record also shows that the number of pairs of plovers nesting on Duxbury Beach has been increasing since the inception and implementation of the current monitoring program. During the same time period, recreational use of the beach has increased. The Reservation considers that its above-average fledge rates prove the worth of its program and demonstrate that if properly managed, humans and endangered species can co-exist in the same environment.
Co-existing in the same environment is not without its challenges, as was very evident in 2014 and 2015, when the number of plover pairs nesting on Duxbury Beach almost doubled, with 26 pairs in 2014 and 25 pairs in 2015. Much of the oversand area of the front beach was closed to vehicles for most of June and half of July, which resulted in frustrated permit holders and harbormaster staff who had to turn them away.
In the fall of 2015, the Reservation met twice monthly with the Town of Duxbury Harbormaster/Coastal Natural Resources Department and Mass Audubon to come up with a plan that would ease the tensions resulting from the increasing nesting population. The main feature of the redesigned Endangered Species Program calls for increased staffing until protected species on the beach have fledged. It provides for a qualified Coastal Natural Resources/Endangered Species Officer (CNR/ESO) or Deputy CNR/ESO to be on duty seven days a week from 6:00 AM to 11:00 PM. It includes a part-time Deputy 2 CNR/ESO to cover the required shifts. It includes biologists provided by the Mass Audubon Coastal Waterbird Program (CWP) to be on duty seven days a week beginning at 6:00 AM. Finally, it includes a new position of Monitor Supervisor, an individual who will aid the CNR/ESO in hiring, training, scheduling, and reviewing the monitors. Appendix B, “ESP Roles and Responsibilities” contains the details of the redesigned Endangered Species Program.
Another feature of the redesign is an increased emphasis on coordination, cooperation, and communication among the various entities, in particular, the CNR/ESO, the Mass Audubon CWP Biologist, and the Reservation’s Technical Committee. Having both the CNR/ESO and Mass Audubon Biologist reporting at 6:00 AM should make it easier and quicker to locate broods before the ORV corridor is opened to nonessential vehicles. The goal of the redesign is to minimize
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Although the Reservation has attempted to make the revised operational system as comprehensive as possible, it is obvious that all possibilities cannot be foreseen and that the management of protected species must include flexibility for changing circumstances. For that reason, in the event of any circumstance not addressed in the Duxbury Beach Management and Habitat Conservation Plan, expectations are that all individuals involved will rely on their experience, communicate and seek advice from others, and exercise their best judgment.
No activity described in this section will take place inconsistent with the Order of Conditions (OOC) from the Duxbury Conservation Commission (DCC) and without prior authorization of the Massachusetts Natural Heritage and Endangered Species Program (NHESP). (See Appendix L for the standard operating procedure for “Procedure for Modifications of the Endangered Species Program.”)
5.1 Environmental Statutes and Regulations Applicable to Endangered/Threatened Species on Duxbury Beach
The local, state, and federal laws that provide protection for piping plovers, terns, and other endangered, threatened or protected species on Duxbury Beach are listed below and are described in Chapter 3.
Wetlands Protection Act (Ch. 131, s. 40 and 310 CMR 10.00) Duxbury Wetlands Bylaw, Chapter 9 Town of Duxbury, Beach Rules and Regulations Massachusetts Endangered Species Act (Mass. General Laws Chapter 131A) “Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers in Massachusetts, April 21, 1993, as amended” Federal Endangered Species Act of 1973 (16 United States Code 1531) “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid a Take Under Section 9 of the Endangered Species Act”
5.2 Endangered Species Program Personnel
As outlined in Appendix B, “DBR Endangered Species Program: Staffing Requirements and Responsibilities,” the Reservation has designated to the Town of Duxbury Harbormaster/Coastal Natural Resources Department responsibility for managing and implementing the Endangered Species Program (ESP) on Duxbury Beach. The Reservation reimburses the town for the program costs. The program is administered by the Coastal Natural Resources/Endangered Species Officer (CNR/ESO), who is under the supervision and direction of the Town of Duxbury Harbormaster. The Duxbury Harbormaster/Coastal Natural Resources Department provides the following services:
Environmental fisheries/wildlife law enforcement and management
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Marine law enforcement, harbor management, and search and rescue First responder medical services Law enforcement and beach management
5.2.1 Coastal Natural Resources/Endangered Species Officer and Deputies
The Duxbury Harbormaster/Coastal Natural Resources Department hires a full-time CNR/ESO, a full-time Deputy CNR/ESO, and a part-time Deputy 2 CNR/ESO to cover the required shifts.
The CNR/ESO, Deputy CNR/ESO, and Deputy 2 CNR/ESO have training and experience in beach law enforcement, beach management, environmental fisheries/wildlife law enforcement and management, marine law enforcement, harbor management, search and rescue response, emergency medical response, and endangered species management and protection.
The CNR/ESO, Deputy CNR/ESO, and Deputy 2 CNR/ESO receive training in endangered species management by participating in the training program of Mass Audubon’s Coastal Waterbird Program (CWP) and the Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program (NHESP). The CNR/ESO, Deputy CNR/ESO, and Deputy 2 CNR/ESO also receive academic training and/or experience in fishery/wildlife, beach management, ecology or biological sciences, and law enforcement. The CNR/ESO, Deputy CNR/ESO, and Deputy 2 CNR/ESO are charged with the overall enforcement and management of all beach region access and uses as they relate to the protection and management of endangered/protected species.
The CNR/ESO, Deputy CNR/ESO, and Deputy 2 CNR/ESO are charged (in part) with implementing the NHESP’s “Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers, Terns, and Their Habitats in Massachusetts.” At times the Duxbury Harbormaster/Coastal Natural Resources Department may adopt management procedures that can provide greater protection of the endangered/protected species and habitat areas. The CRN/ESO, Deputy CRN/ESO, and Deputy 2 CNR/ESO are also responsible for managing and implementing the policies and procedures of the Reservation’s Endangered Species Program, including (but not limited to) the following:
Enforcing federal, state, and local regulations and laws Being knowledgeable about “Guidelines for Barrier Beach Management in Massachusetts, February 1994” as amended Being knowledgeable about “Guidelines for Managing Recreational Use of Beaches to Protect Piping Plovers in Massachusetts, April 21, 1993,” as amended Being knowledgeable about federal “Guidelines for Managing Recreational Activities in Piping Plover Breeding Habitat on the U.S. Atlantic Coast to Avoid a Take Under Section 9 of the Endangered Species Act” Enforcing Town of Duxbury beach rules and regulations Locating nests and having the Mass Audubon CWP Biologist verify and report their location
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Adjusting temporary symbolic fencing and signage of closed areas before April 1, closed areas prior to hatch date, restricted areas once clutches have hatched, and reopened areas after chicks have fledged Locating broods and chicks every day prior to opening the beach to non- essential vehicles Collaborating with Mass Audubon CWP Biologist to determine fledge dates Erecting predator exclosures around nest sites if determined necessary and appropriate by the CNR/ESO and Mass Audubon CWP Biologist (see Section 5.2.5). Preparing a year-end report on the Endangered Species Program for the Duxbury Conservation Commission and for the Reservation’s Technical Committee Immediately contacting Co-chair of the Reservation’s Technical Committee in the event of any dispute or significant event Managing and supervising monitors in conjunction with and in the absence of the Monitor Supervisor Coordinating and overseeing all work projects that might affect protected species Submitting a weekly update via email, phone text, or phone call with the Mass Audubon Biologist, the Monitor Supervisor, and a representative of the DBR Technical Committee with observations and recommendations, including a request for a face-to-face meeting if an issue needs to be resolved
In addition to managing and implementing the Endangered Species Program, the CNR/ESO and Deputy CNR/ESO review reports and maps prepared by Mass Audubon’s CWP Biologist for the Duxbury Beach Reservation, Inc. The reports summarize the Endangered Species Program and include (but are not limited to) the following:
Maps that show the location of nesting endangered/protected species Descriptions of endangered species habits and survival and mortality data List of management actions taken to protect the endangered species Recommendations for improvements, if any, to the Endangered Species Program Piping plover and least tern state census forms
5.2.2 Coastal Natural Resources/Endangered Species Monitor Supervisor
The Duxbury Harbormaster/Coastal Resources Department will also hire a part-time Monitor Supervisor. This person will take on some of the responsibility formally allocated to the CNR/ESO, thus enabling the CNR/ESO to have more time for managing the increasing numbers of plovers. The roles and responsibilities of the Monitor Supervisor include (but are not limited to) the following (See Appendix B, “DBR Engandered Species Program: Staffing Requirements and Responsibilities,” for a more detailed description.):
Assisting in the hiring of plover monitors by advertizing, interviewing, and recommending candidates Providing the Town of Duxbury Employment Package to monitors who have been hired and coordinating with the Harbormaster/Coastal Natural Resources
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Department in submitting required paperwork to the Town of Duxbury Human Resources Department and other appropriate agencies Printing and distributing daily logs for clutches and broods Assisting the CNR/ESO and Mass Audubon CWP Biologist in locating new plover nests Assisting in the daily location of clutches (nests) prior to opening the beach to non-essential vehicles Scheduling, supervising, assisting, and reviewing monitors Reporting to CNR/ESO daily movement of broods and chicks Assisting CNR/ESO and Mass Audubon CWP Biologist in initial training of monitors and follow-up training if necessary Assisting in enforcing Town of Duxbury beach rules and regulations Collaborating with the CNR/ESO on afternoons and weekends to ensure plover monitor coverage and supervision Assisting CNR/ESO and Mass Audubon CWP Biologist in identifying vulnerable sites and broods Providing written evaluations of monitors at the end of the season Submitting a weekly update via email, phone text, or phone call with the Mass Audubon Biologist, CNR/ESO, and a representative of the DBR Technical Committee with observations and recommendations, including a request for a face-to-face meeting if an issue needs to be resolved
5.2.3 Coastal Natural Resources/Endangered Species Monitors
The Town of Duxbury Harbormaster/Coastal Natural Resources Department hires enough seasonal plover monitors to provide at least one monitor per brood of unfledged plover chicks from 6:00 AM to 8:00 PM, seven days a week. In the event of rain or storm conditions, monitoring may cease because the broods seek shelter and searching for them could cause chick mortality. In bad weather, enough monitors are kept on for coverage of known plover road crossing areas and areas adjacent to any nonrestricted oversand areas if the crossovers remain open.
The monitors are supervised by and report directly to the Monitor Supervisor if on duty or the duty CNR/ESO. The Monitor Supervisor and monitors assist the CNR/ESO in implementing the Endangered Species Program.
Plover monitors are trained in the field and attend other appropriate training programs that are available. Each monitor is issued or expected to provide a variety of necessary equipment and gear. Such equipment may include (but not be limited to) appropriate clothing identifying them as monitors, a map of their area and nesting activity in and near their area, communication equipment, clipboard, beach chair, and other items, depending on the need. If either the Mass Audubon CWP Biologist or the Monitor Supervisor believes monitors require additional training or if other issues arise, they communicate with the CNR/ESO.
Monitors report each morning at 6:00 AM. Once the broods are located, identified, and certified by the CNR/ESO or the Mass Audubon CWP Biologist, the Monitor Supervisor if on duty or the duty CNR/ESO assigns the monitors to their broods.
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The monitors are responsible for protecting the birds—adults and chicks. They report to the duty CNR/ESO or Monitor Supervisor any infractions of the rules and regulations or any conditions that might threaten the brood. The CNR/ESO acts immediately to remove that danger. A certain side benefit to the presence of the monitors is that predation is greatly reduced while the monitors are on duty.
By utilizing two shifts, the Harbormaster/Coastal Resources Department is able to keep monitors on the beach from 6:00 AM until 1:30 PM (shift 1), and from 12:30 PM until 8:00 PM (shift 2), which allows for a one-hour overlap so that shift 2 monitors can confer with shift 1 monitors. At 8:00 PM all non-essential traffic is prohibited south of the first crossover on the designated roadway if unfledged piping plover chicks are present.
Monitors on the second shift log the location of all clutches and turn in their log books to the duty CNR/ESO before they leave for the night so that the birds can be more easily found when the morning shift begins the next day. In order to restrict access on the designated roadway to essential traffic only and to accommodate those beach guests who enjoy the beach after dark, a deputy CNR/ESO is stationed in the area of the first crossover from 8:00 PM until 11:00 PM, at which time the entire beach south of the Powder Point Bridge is closed for the night.
5.2.4 Coastal Natural Resources Beach Patrol Officers
The town of Duxbury uses Harbormaster/Coastal Natural Resource officers to enforce the Beach Rules and Regulations and other environmental and wildlife laws and regulations. They are used to expand and augment the Endangered Species Program, as authorized by the CNR/ESO or the Deputy CNR/ESO.
5.2.5 Mass Audubon’s Coastal Waterbird Program
5.2.5 (a) Background
In the early 1990s, when the Duxbury Beach Reservation, Inc., created its Endangered Species Program, it began to fund the services of an Endangered Species Biologist from Mass Audubon’s Coastal Waterbird Program (CWP). The CWP Biologist’s responsibilities include gathering data on piping plovers and least terns during their courtship, breeding, egg laying, and fledging periods; completing data forms for annual state and federal census activities; and attending all appropriate meetings and/or hearings as requested by the Reservation. At the end of the season, the Mass Audubon CWP Biologist is responsible for preparing and submitting an end-of-season scientific report to the Duxbury Beach Reservation, Inc., with copies to the Natural Heritage Program and the CNR/ESO. The report describes the scientific data that were collected and any other appropriate information relative to the implementation of the Endangered Species Program for that year.
In 2007 the Reservation worked with Mass Audubon to clarify the duties of both the CWP Biologist and the CNR/ESO, and in 2008 the Reservation and Mass Audubon jointly signed an agreement that defines the roles and responsibilities of Mass Audubon CWP staff, including the CWP Biologist, and the CNR/ESO on Duxbury Beach. The agreement is intended to assure a spirit of cooperation
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between the CNR/ESO and Mass Audubon. The agreement as revised is contained in the next section.
The Reservation continues to fund Mass Audubon’s Coastal Waterbird Program on Duxbury Beach so that every day, beginning one week before the first nest is due to hatch, there is a CWP Biologist on the beach at 6:00 AM.
5.2.5 (b) Agreement Outlining Roles and Responsibilities of Mass Audubon CWP Staff and the CNR/ESO on Duxbury Beach
It is understood that Duxbury Beach Reservation, Inc. (DBR), as owner, is responsible for all activities occurring on Duxbury Beach from the southerly end of the seawall on Gurnet Road south to the Gurnet Gate at the Plymouth end of the beach. The Duxbury Beach Management and Habitat Conservation Plan, including all amendments and by reference all federal, state, and local regulations and guidelines, is the document that describes the manner in which these activities may occur. DBR has for many years had a special relationship with Mass Audubon and its Coastal Waterbird Program (CWP), which DBR wishes to continue. This document defines the roles of Mass Audubon, the CWP staff, and the CNR/ESO in that relationship.
The CWP staff should be familiar with appropriate sections of the Duxbury Beach Management and Habitat Conservation Plan and supporting amendments. Mass Audubon CWP staff shall be responsible for the biological monitoring of piping plovers and least terns, which includes data collection, census-taking, and monitoring needs. The CWP Biologist on duty is responsible for:
Communicating daily by 8:00 AM with the duty CNR/ESO to share observations and recommendations Submitting a weekly update via email, phone text, or phone call with the CNR/ESO, the Monitor Supervisor, and a representative of the DBR Technical Committee with observations and recommendations, including a request for a face-to-face meeting if an issue needs to be resolved Providing appropriate training related to nest monitoring and location of broods to minimize disturbance Communicating additional training recommendations to the duty CNR/ESO and Monitor Supervisor as determined necessary by observing information gaps, training updates as needed, unusual events, etc. throughout the season Assisting the duty CNR/ESO seven days per week (starting one week before the first nest is due to hatch), beginning at 6:00 AM Completing statewide census forms for piping plovers (June 1-9) and least terns (June 5-20) as mandated by the state Reporting, to include: o State forms and maps completed and provided to the Massachusetts Natural Heritage and Endangered Species Program (NHESP) o Draft of Summary Report provided to DBR by October 20 for DBR’s review and approval prior to release of the final draft to any outside agency; this report shall be included in the Annual DBR
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Report released to the Duxbury Conservation Commission (DCC), the Duxbury Board of Selectmen, and other agencies Providing seasonal educational programs (Mass Audubon South Shore staff) as funded by DBR and informal education of beach-goers on a daily basis (CWP staff and DBR/ESO staff)
The duty CNR/ESO or the Deputy CNR/ESO has complete control of all activities occurring on Duxbury Beach. He/she is assisted by the Monitor Supervisor and Mass Audubon CWP Biologist. The responsibilities of the duty CNR/ESO include:
Communicating daily with the CWP biologist on duty to share observations and recommendations Submitting a weekly update via email, phone text, or phone call with the Mass Audubon Biologist, the Monitor Supervisor, and a representative of the DBR Technical Committee with observations and recommendations, including a request for a face-to-face meeting if an issue needs to be resolved Communicating regularly with the Co-chair of the Reservation’s Technical Committee to share observations and recommendations Implementing the Duxbury Beach Management and Habitat Conservation Plan, including by reference all federal, state, and local rules, regulations and guidelines, to properly manage piping plovers and least terns Managing ORV use as defined in Duxbury Beach Management and Habitat Conservation Plan and mandated by NHESP Erecting, maintaining, and modifying fencing and signage for ORV restrictions and pedestrian traffic based on requirements of nesting piping plovers and least terns; incorporating recommendations from CWP when deemed appropriate Enforcing dog rules and regulations and all law enforcement issues related to problem individuals Carrying out management activities related to nesting piping plovers and least terns, including erecting exclosures as permitted by NHESP in coordination with CWP staff if deemed necessary Recruiting, hiring, scheduling, and supervising plover monitors to include providing in-the-field training on use of binoculars and data recording throughout the season and information on how to communicate with beachgoers; and determining, with input from CWP staff, if additional training of the monitors is necessary, as assisted by the Monitor Supervisor
The ESO and CWP Staff will cooperate in the following manner to ensure the success of the Endangered Species Program:
The CWP Biologist and CNR/ESO on duty shall communicate daily to share observations and recommendations. The CWP Biologist and CNR/ESO on duty shall communicate on a regular basis with the Co-chair of the Reservation’s Technical Committee. Mass. Audubon and/or CWP personnel shall notify the duty CNR/ESO prior to entering any closed area of the beach in order to minimize nest visits.
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Any issue/disagreement that arises regarding biological management that cannot be resolved by the duty CNR/ESO and CWP Biologist will be communicated to the Co-chair of the Duxbury Beach Reservation’s Technical Committee as soon as possible. The Co-chair will gather additional information, including consultation with the Massachusetts NHESP, prior to settling the dispute. CWP staff will conduct an all-inclusive field training session program of monitors. In-the-field training of monitors shall continue throughout the nesting season as chicks hatch, broods move, etc. by the Monitor Supervisor and CNR/ESO. Additional training will be provided by CWP as deemed necessary by the CWP Biologist, Monitor Supervisor, or CNR/ESO. It is understood that no person shall disturb, destroy, or remove any materials, including animals, birds, or any other items from any area of the beach without prior authorization from the duty CNR/ESO. Since DBR holds the exclosure permit for Duxbury Beach, erection of exclosures will be completed by the CNR/ESO with assistance from CWP when possible. The CWP Director (or designee) will be present during construction of the first three predator exclosures. The CWP will notify the CNR/ESO of any training sessions concerning updated procedures relating to exclosure placement, assembly, and current issues. The CNR/ESO and Deputy CNR/ESO will attend these sessions.
5.3 Endangered Species Management Procedures
The Duxbury Coastal Natural Resources/Endangered Species Program includes an extensive system to monitor and protect any endangered and listed species that use the beach, specifically piping plovers and colonies of least terns. Continuous observation begins on March 1, because the piping plovers are expected to arrive around March 15. The least terns begin arriving late in May.
Throughout the nesting and fledging season, the CNR/ESO delineates closed and restricted areas to protect the plovers and terns. Closed areas are those habitat areas that provide potential nesting habitat for piping plovers and/or least terns. No one, with the exception of authorized personnel, is allowed in closed areas. Restricted areas are those sections of the beach (either ocean or bay side) where unfledged chicks are present and feeding. Access within restricted areas is allowed only as follows:
Pedestrians may walk between the high tide wrack line and the low tide line. Bicycles may be walked, but not ridden, between the high tide wrack line and the low tide line.
All other activities, including vehicles, horses, and dogs, are prohibited.
Both closed areas and restricted areas are delineated with temporary symbolic fencing, which consists of 6-foot metal stakes with string strung between the stakes, as well as cones and barrels, etc. Temporary symbolic fencing can be moved as the broods move, and plover monitors are stationed in these areas to keep track of broods and assist in enforcing regulations.
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Plover nesting habitat is delineated and closed by April 1 as required by the Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program. From April 1 until the middle of August, no work is performed in any identified habitat area on the beach until the CNR/ESO sweeps and certifies that the specific area where the work is proposed is free of endangered species. This requirement ensures that endangered species are protected any time activity is occurring on the beach.
5.3.1 Restrictions before Hatching
All areas of suitable piping plover nesting habitat are identified, delineated, and closed by the CNR/ESO with posts, temporary symbolic fencing, and signs on or before April 1. Vehicles, bicycles, horses, dogs, and pedestrians are not allowed to enter the closed areas. As the plovers arrive, the CNR/ESO and the Mass Audubon CWP Biologist locate the nests and map their position using the Global Positioning System (GPS). Each plover pair is identified and observed as the birds court, breed, nest, and lay eggs. The number and date of any eggs (a pair typically lays four eggs) are noted, and the nests are recorded as per the guidelines. If deemed appropriate by the Mass Audubon CWP Biologist, nest predation protection measures are taken.
Suitable nesting habitat for least terns is also identified, delineated, and closed by the CNR/ESO on or before May 15. Vehicles, bicycles, horses, dogs, and pedestrians are prohibited from the delineated and closed habitat areas.
To protect incubating plovers or terns and their eggs from disturbance or direct mortality, closed areas are delineated around nests and above the high tide line using temporary symbolic fencing and signage. These areas are delineated by the CNR/ESO and CWP Biologist and are typically 50 yards around each nest. No persons are allowed on foot within the closed zones unless the CNR/ESO specifically determines that they are engaged in rare species monitoring, management, research activities, or law enforcement and he/she authorizes the activity. Closed areas remain fenced as long as viable eggs are present.
The closed areas are expanded if the CNR/ESO and CWP Biologist determine they are inadequate to protect the incubating adults from harm or disturbance. This may include situations in which plovers or terns are especially intolerant of human presence, or the closed area provides insufficient escape cover or alternative foraging opportunities for plover chicks. If nests are discovered outside of these closed areas, fencing is immediately extended to create a sufficient buffer to prevent harm or disturbance to incubating adults and eggs.
Temporary symbolic fencing is adjusted by the CNR/ESO throughout the season if the CNR/ESO or the Mass Audubon CWP Biologist deems it necessary in order to provide protection to the nesting plovers or terns. ORV corridors or parking areas are moved, constricted, or closed by the CRN/ESO if he/she determines that territorial, courting, or nesting plovers or terns are disturbed by passing or parked vehicles, or if disturbance is anticipated because of unusually high tides or expected increases in vehicular traffic during weekends, holidays, or special events.
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Vehicles may pass by such delineated nesting habitat areas along designated ORV corridors or park outside such areas, provided the CNR/ESO determines that beach width and configuration and tidal conditions allow it.
5.3.2 Restrictions after Hatching
Restrictions on the use of vehicles in areas where unfledged plover or tern chicks are present begin on or before the date the CNR/ESO and CWP Biologist determine hatching begins and continue until they determine that all chicks have fledged. When piping plover nests are found before the last egg has been laid, restrictions on vehicles begin on the 26th day after the last egg is laid. When plover nests are found after the last egg is laid, making it impossible to predict the hatch date, the nest is inspected at least twice a day, at dawn and dusk, until hatching is observed.
5.3.2 (a) Piping Plovers
Vehicles, horses, and dogs are prohibited in all restricted areas of Duxbury Beach where unfledged piping plover chicks are present. (An exception regarding vehicles is explained in Section 5.3.3.) Access within restricted areas is allowed only as follows:
Pedestrians may walk between the high tide wrack line and the low tide line. Bicycles may be walked, but not ridden, between the high tide wrack line and the low tide line.
The restricted sections include 100 yards along the beach on either side of a line drawn perpendicular to the main axis of the beach through the brood. During these restrictions, all vehicles are prohibited from all dune, beach, and intertidal habitat on whichever side of the beach a brood is on. The restricted areas are delineated by the CNR/ESO by use of posts, temporary symbolic fencing, and signs and are enforced by the CNR/ESO, the Monitor Supervisor, monitors, and officers of the Harbormaster/Coastal Natural Resources Department. The boundaries of the restricted areas are adjusted to continue to provide the 100-yard buffer between chicks and vehicles whenever unfledged plover chicks move outside the original 200- yard-wide restricted area.
Because of the continuous and individual monitoring of each brood, the designated roadway is generally not closed, but a 5 mph speed limit is posted and enforced. Should the CNR/ESO determine that additional signage is required, “bird crossing and expect delay” signs are also erected. Most importantly, if at anytime an individual brood monitor, Monitor Supervisor, CWP Biologist, or CNR/ESO determines the brood is likely to cross the roadway, the roadway will be temporarily closed to all traffic, both essential and non-essential, for a distance of 100 yards either side of the apparent crossing location. The closure remains in effect until the CNR/ESO, CWP Biologist, Monitor Supervisor, or brood monitor determines that the brood is no longer near the road. At no time are essential or non-essential vehicles allowed to drive within 100 yards of a brood anywhere on the beach except on the roadway.
If ruts deep enough to restrict movements of plover chicks are present, or if vehicle impacts on wrack are so severe that wrack must be allowed to accumulate naturally prior to hatching, then restrictions on vehicles begin at least five days prior to the
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anticipated hatching date of plover nests. If a plover nest is found with a complete clutch, precluding estimation of hatching date, and availability of wrack has been substantially reduced by vehicle passage or deep ruts have been created that could reasonably be expected to impede chick movements, then restrictions on vehicles begin immediately.
To enhance protection of unfledged piping plover chicks during the night, all non- essential traffic is prohibited south of the first crossover on the designated roadway and front beach after 8:00 PM. The closing is enforced by locking the gates at the second and third crossovers at 8:00 PM. In addition, a deputy CNR/ESO is stationed on the roadway near the first crossover from 8:00 PM. until 11:00 PM. to restrict access to essential traffic only on the roadway south of the first crossover. Non- essential vehicle access to the front beach and the roadway south of the Powder Point Bridge is prohibited between 11:00 PM and 7:00 AM. This is controlled by closing the gates at the three crossovers and by signage notification on the roadway.
5.3.2 (b) Least Terns
Vehicles, horses, and dogs are prohibited in all restricted areas of Duxbury Beach where unfledged least tern colonies are present. Access within restricted areas is allowed only as follows:
Pedestrians may walk between the high tide wrack line and the low tide line. Bicycles may be walked, but not ridden, between the high tide wrack line and the low tide line.
Restrictions around least tern habitat continue as hatching begins (as early as June 12). Sections of beach, dune, or intertidal habitat used as nursery areas by unfledged or recently fledged tern chicks are delineated with posts, cable, warning signs, snow fencing, or temporary symbolic fencing.
The restricted areas include 100 yards on either side along the beach from the outermost nests or unfledged chicks in the colony and perpendicular to the main axis of the beach. The restricted areas extend from the ocean-side low water line to the bay-side low water line but do not include the designated roadway. These areas of the roadway are posted and enforced with a 5 mph speed limit. If unfledged chicks move outside the original restricted area, the boundaries of the protected area are adjusted to provide the above-described 100 yard-wide buffer between unfledged chicks and vehicles. The CNR/ESO will close the roadway immediately to all traffic, both essential and non-essential, anytime he/she determines it is necessary to protect least tern chicks.
At the discretion of, and with authorization by, the CNR/ESO, persons engaged in rare species monitoring, management, research, or law enforcement are allowed to enter these posted and fenced restricted areas where unfledged or recently fledged tern chicks are being fed by adult terns. These areas are opened when the CNR/ESO and CWP Biologist determine that all tern chicks have taken flight.
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5.3.3 Monitoring of Individual Plover Broods
Individual, continuous monitoring of each plover brood begins as soon as the eggs hatch and continues until the chicks fledge, which is usually between 28 to 35 days after they hatch. Usually all chicks have fledged by mid-August. If hatching occurs earlier than expected or chicks are discovered from an unreported nest, the monitoring and restrictions on vehicles begin immediately.
Under normal conditions, at least one monitor is assigned to each brood. A normal condition is when the distance between each brood is more than 200 yards so that the restricted areas of adjacent broods do not overlap. In recent years, the increase in nesting pairs has caused the restricted areas for adjacent broods to overlap to the extent that in some cases, restricted areas have been several thousand feet long and contain several broods. There have even been instances of comingling of chicks, broods, and parents. In all circumstances, the number of monitors shall be equal to or more than the number of broods.
In order to minimize intrusions into restricted areas, when the CNR/ESO, in collaboration with the Mass Audubon CWP Biologist, decides that the condition of overlapping restricted areas exists on the front beach and believes that one monitor could effectively monitor two broods rather than the standard one, the CNR/ESO may at his/her discretion assign one monitor to watch two broods on the front beach. Under those conditions, at a minimum, the monitor normally assigned to the second brood will be stationed in the area of the back roadway to intercept any brood that crosses from the front beach to the back. This will allow the monitor on the front beach to continue monitoring the brood remaining on the front beach. The monitor on the front beach must maintain visual contact with the crossing brood until the monitor on the back beach verifies that the monitoring responsibility has shifted to him/her and that he/she has located the brood.
Before any section of the unrestricted ORV corridor is opened to non-essential vehicles, the CNR/ESO must make certain that (1) no unfledged plover or tern chicks are present, (2) all broods between the section of the ORV corridor to be opened and the Powder Point Bridge have been located and identified, and (3) all monitors for those broods are in place. Once a section of the ORV corridor is opened, the CNR/ESO and Mass Audubon Biologist must locate and identify remaining broods south of the opened section as soon as possible.
When a brood or chick cannot be located (it may have fledged, moved to a different area for a better food source, been predated, or died of exposure), the monitor will continue to be assigned to that brood or chick for an additional three days as a precaution. During that time, the monitor, assisted by the Audubon Biologist and the CNR/ESO, will continue to look for the missing brood or chick and be on duty if the brood or chick is found. If the brood or chick is located in a different territory, the monitor will be moved to the new location. After three days of searching, it is highly unlikely that the brood or chick will be located.
If an isolated brood is preventing the opening of restricted sections of the ORV corridor that have no broods present, the following procedure may be instituted at the sole discretion of the duty CNR/ESO. At least two plover monitors shall be stationed within the restricted area of the subject brood. Any vehicles wishing to pass through the restricted
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area must be convoyed through the restricted area by following a monitor who will proceed on foot to ensure that there is no disturbance to the brood. Extreme caution should be taken before using this procedure with due consideration of the tide condition
5.3.4 Fledge Determination
For the purpose of data collection, plover chicks are considered fledged at 25 days or when observed in flight, whichever occurs first. For the purposes of determining the status of restricted areas, the CNR/ESO and/or Mass Audubon CWP Biologist must observe each chick flying at least 50 feet before recording that the chick has fledged. If the chick has not flown after 35 days, the CNR/ESO will notify a co-chair of the Technical Committee or the president of the Reservation, one of whom will immediately convene a panel to meet on the beach. The panel, which will consist of three members of the Technical Committee, will confer with the duty CNR/ESO and the Mass Audubon CWP Biologist before reaching a decision as to whether the plover should be considered fledged. Until the three-member panel reaches a decision about whether the chick has fledged, the chick shall be considered unfledged and the area will remain restricted until a decision is made.
Tern chicks are considered fledged when they have taken flight.
5.4 Endangered Species Predation Control Program
5.4.1 Background
The Reservation’s success in increasing piping plover and tern nesting and fledge rates has been in decline in recent years due to avian (crow) and mammalian (coyote, skunks, raccoons, and foxes) predation. In 2009, for example, 80 eggs produced only 4 fledged plover chicks, which resulted in a fledge rate of 0.40, lower than the state average, lower than our usual results, and far below the 1.25 rate needed to sustain the species. Mass Audubon’s report for that year documents that about two-thirds of the plover egg and chick mortality was caused by predation. In addition, predation and disturbance in the least tern colonies have also been significant.
5.4.1 (a) Definition and Explanation of Predation
A simple definition of predation is “the capturing of prey as a means of maintaining life.”1 Helen Curtis and N. Sue Barnes offered a broader definition in their classic text Biology:
Predation is the eating of live organisms, including plants by animals, animals by animals, and even . . . animals by plants. . . or by fungi. Predators utilize a variety of techniques―known as foraging strategies―to obtain their food. Foraging strategies are under intense selection pressure; those individuals that forage most efficiently are likely to leave the most offspring. From the standpoint of potential prey, those individuals that are most successful at avoiding predation are most
1 The American Heritage College Dictionary, 4th ed. (Boston: Houghton-Mifflin, 2004).
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likely to leave the most offspring. Thus, predation affects the evolution of both predator and prey. . . . It also affects the number of organisms in a population and the diversity of species within a community.2
Aldo Leopold, author of Game Management, a text still used in collegiate game management courses, stated in 1933, "Here we are trying to gain an insight into a complex phenomenon."3 Leopold’s statement is relevant today. And because predation control is a complex issue, resource managers need to be guided by the best available knowledge in predator control policies.
What determines loss from predators? According to Leopold, subject to the physical adaptations of each, the annual direct mortality from a predator within a given species of prey in a given range depends on the following five variables:4 1. Density of the prey population: Each year since 1993, the Duxbury Beach Reservation and Mass Audubon’s Coastal Waterbird Program (CWP) biologist have systematically monitored the number of nesting pairs, eggs laid, eggs hatched, and fledging success to determine the density of the population of piping plovers and least terns through the breeding season—that, is while they are residents of Duxbury Beach. 2. Density of the predator population: The CNR/ESO and Mass Audubon’s CWP Biologist make their best assessment of which predator is responsible for losses attributed to predation. This is done using direct observation or evidence such as footprints, tracks, scat, or prey/nest/egg remains. 3. Predilection of the predator: Many predators have narrowly defined preferences for food. Others, however, utilize a broad spectrum of prey, often shifting to a “what’s available” strategy to obtain food. These opportunistic predators provide the greatest threat to populations of piping plovers, least terns, and other ground-nesting shorebirds. 4. Physical condition of the prey and the escape facilities available to it: At best, piping plover and least tern eggs and chicks can be considered vulnerable. Plover nests consist of a “mere hollow in the sand or pebbles of the lonely barren beach.”5 The adults, their eggs, and the chicks rely on camouflage for protection from predators. There are no escape facilities other than taking flight, camouflage, or remaining motionless. 5. Abundance of “buffers" or alternative foods for the predator: On Duxbury Beach, few food sources are available to predators. Small mammals and shrub and tree-nesting birds offer limited alternatives to vulnerable ground-nesting plovers and terns, which are easily detected on the sandy shore.
The predator-prey relationship constitutes a biological equation in which the predator must balance its food preferences against the difficulty of satisfying them. The balance tips in favor of the predator when the prey population—for example, the piping plovers on Duxbury Beach—is managed, because the management actions make it easier for the predator to access its prey.
2 Helena Curtis and N. Sue Barnes, Biology, 5th Ed. (New York: Worth Publishers, 1989), p. 1114. 3 Aldo Leopold, Game Management (New York: Charles Scribner & Sons, 1933). 4 Ibid. 5 Edward Howe Forbush, A History of the Game Birds, Wild-Fowl and Shore Birds of Massachusetts and Adjacent States (Massachusetts State Board of Agriculture by Authority of the Legislature of 1912, p. 356).
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5.4.1 (b) Standards of Measuring Loss
Any predator control program must clearly state the measurements on which it is founded before predator losses can be measured. The following three measurements from Aldo Leopold’s Game Management are applicable to the Endangered Species Program on Duxbury Beach:6 1. The number of prey an individual predator destroys during a specific time period: This is difficult to assess on Duxbury Beach. For one thing, predators such as crows are difficult to distinguish from one another. They may hunt in pairs or small groups. Another reason is that nocturnal mammalian predators (coyotes, raccoons, foxes, and skunks) are difficult to catch in the act of nest destruction or predation upon adults or chicks. Thus attributing plover or tern nest destruction to one particular crow or one particular skunk is almost impossible. 2. The total number of prey killed by the predatory species during a specific time period: Skilled monitors are able to assess evidence left by predators and draw conclusions regarding which predatory species was responsible for the loss (taking). The CNR/ESO and Mass Audubon’s CWP biologist have examined the evidence and kept careful records in recent years, so the statistics regarding the numbers of plovers and terns lost to predation are considered accurate. 3. The percentage of the prey population killed by the predatory species during a specific time period: This measurement is perhaps the most important but also the most difficult to assess because plovers will re-nest several times if their nest is destroyed by overwash or predation. Since the early 1990s, Mass Audubon’s CWP Biologist, in cooperation with the CNR/ESO, has located nesting pairs and monitored their nests and the hatched chicks until they fledge. The Reservation can thus compare or gauge the success (or lack thereof) of its Endangered Species Program to previous years, other beaches, and the average fledge rate (1.25) needed to sustain the species.
5.4.1 (c) Types of Predation
Three types of predation described by Aldo Leopold are relevant to plover and tern populations on Duxbury Beach:7 1. Chance predation: These are small, recurring, accidental losses--for example, the predator just happens to come across a nest. The predator is not likely to repeat the performance or the prey to prevent it. There is little that can be done to prevent chance predation. 2. Habit predation: The predator that discovered a nest by chance may develop the ability to find more nests, especially if there are more in the same area, and become a habitual egg-eater. Management activities can also turn chance predation into habit predation. For example, exclosures erected to protect piping plover nests may attract predators such as crows or gulls that learn that exclosures signal the presence of eggs. 3. Suckers list: Many prey species can modify their food supply, travel habits, or escape cover. Plovers and terns, however, have difficulty making these kinds of changes when faced with predation. There is little the plovers and terns (“suckers”) can do to modify their food supply, change their travel habits, or find
6 Leopold, Game Management, p. 232. 7 Ibid., pp. 242-244.
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escape cover. For the predator, there is a strong element of opportunism, and it will take advantage of a prey source when it is available and vulnerable. For example, on Duxbury Beach in 2010, scores of least tern chicks had hatched and were feeding prior to fledging when they were systematically eliminated by opportunistic coyotes. The terns’ food supply was there, they were unable to fly, and they had no protective cover.
5.4.1 (d) Harassment
Harassment of any type can interfere with the breeding, feeding, and resting times needed for these birds to successfully complete their breeding season and prepare for migration. Harassment may affect the welfare of prey species or induce starvation over and above any actual killing. The Duxbury Beach Reservation, through its Endangered Species Program, spends a significant amount of time, money, and energy in an effort to prevent any form of harassment of these state and federally listed birds.
5.4.2 Duxbury Beach Reservation’s Approach to Predator Control
In 2010, the Reservation instituted a limited program of predation control in an effort to address the poor fledge rate of the previous year. The chairman of the Technical Committee contacted the USDA-APHIS (U.S. Department of Agriculture-Animal and Plant Health Inspection Services), the federal agency that has provided predator control at Trustees of Reservation’s Crane’s Beach and town-owned Plymouth Beach. APHIS team members met with the Technical Committee to explain the procedures they follow. The Directors of the Reservation voted to hire the APHIS team to survey the beach using remote-sensing cameras and tracking stations to determine the presence and identity of predators in plover nesting areas.
The APHIS team reported its findings at a public hearing held by the Reservation on March 10, 2010. The APHIS team found evidence of crows, skunks, foxes, and numerous small mammals such as mice and moles. They found coyote tracks but no dens. It was the opinion of the USDA/APHIS experts that crow predation is a learned activity, engaged in by very few members of the species. For this reason, they did not recommend dramatically reducing the total number of crows but only those few involved in the predation.
Following the public hearing, the Directors of the Reservation voted to engage in a limited predation program to eliminate those crows that were targeting plover nests. The APHIS team, the CNR/ESO, and Mass Audubon’s CWP Biologist erected three mock exclosures and pre-baited them with hardboiled eggs. After the eggs were taken up by crows, the APHIS team placed eggs laced with a toxin specific to crows only (avicide DRC-1339). This procedure was repeated three times through late April and May. The results were significant: The group of 4-6 crows that had regularly been seen near plover habitat disappeared. By mid-May, only a single crow was seen on the beach in the vicinity of the beach resident parking lot. Only one of the 11 nests was lost to a crow. Out of 47 eggs laid in 11 nests, 16 chicks fledged, resulting in a fledge rate of 1.45, over the rate of 1.25 required to sustain the species.
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The predation control program received high marks from the U.S. Fish and Wildlife Service. An endangered species biologist from the U.S. Fish and Wildlife Service visited the beach to view the mock exclosures and the artificial habitat areas (see Section 5.5 Replicated Habitats) and expressed appreciation for the Reservation’s efforts to protect plovers and terms.
Although the predation control program in 2010 was successful in significantly reducing crow predation, it did not prevent predation by coyotes. A female coyote and four pups began to hunt on Duxbury Beach. Coyote predation was suspected in the loss of two nests and several chicks, some of them 31 days old and close to fledging. Coyotes also decimated the two tern colonies on Duxbury Beach.
Predation control is not only a complex topic; it is also controversial. For this reason, the Duxbury Beach Reservation, Inc., at its May 2011 annual meeting (and slightly modified at a February 2012 directors’ meeting) voted to adopt the following policy on predation control of both avian (e.g., crows) predators and mammalian predators (e.g., coyotes):
The Duxbury Beach Reservation, Inc., in keeping with its mission to protect “marine life, native and migratory birds and indigenous vegetation,” will consider instituting a predation control program as part of its endangered species program. Any predation control program will be based on the principles and measurements outlined above and the following procedure:
1. The Reservation’s Technical Committee will review Mass Audubon’s Beach Nesting Bird Summary Report, the CNR/ESO’s Endangered Species Report, and the Massachusetts Piping Plover Census Form at the end of the plover/tern breeding season. 2. The Directors of the Reservation will vote on a motion to hire when deemed appropriate the USDA/APHIS team to survey the beach in late winter/early spring to identify the presence and variety of predators. 3. The Directors of the Reservation will vote on the type of predation control program for the coming season after reviewing the USDA/APHIS’s team’s recommendations. 4. The Directors of the Reservation will vote on any additional predation control actions that are deemed necessary once the breeding season has begun. 5. The Directors of the Reservation will apprise the Duxbury Conservation Commission, the state Fish and Wildlife Service, and Mass Audubon of any and all actions related to the Reservation’s predation control program.
At the beginning of the 2011 piping plover and tern nesting season, the directors of the Reservation voted to engage in a crow predation program. In June, after coyotes were seen entering the tern colonies and coyote tracks were found near ravished plover nests, the directors voted to have the USDA/APHIS team remove the coyotes. Once again, the end-of-season results were significant: Out of 83 plover eggs laid in 12 nests, 19 chicks fledged, resulting in a fledge rate of 1.58, higher than the previous year’s rate of 1.45 and well over the rate of 1.25 required to sustain the species. Out of 4 tern colonies, 53 pairs in early June dwindled to 21 by the end of June; however, 20 terns fledged, which is twice the 10 terns that fledged in 2010.
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In 2014, the Reservation decided to have an independent study of its predator control program. Dr. Chris Bloc, an expert on wildlife at Bridgewater State University, was retained to research and report on the following questions:
1. Is predator control, in general, an effective technique to increase fledge rates of ground-nesting shorebirds? 2. Is there evidence that predator control has increased fledge rates at Duxbury Beach? 3. Is continued control of coyotes likely to increase the effectiveness of other predators? 4. What alternative approaches can be used to maintain high fledge rates?
Dr. Bloch concluded that predator removal of crows and coyotes on Duxbury Beach has significantly improved reproductive success of piping plovers and, to a lesser extent, least terns since predator control began in 2010. Dr. Bloch also concluded that the removal of coyotes on Duxbury Beach has had a negligible effect on the overall coyote population, citing that 400-600 coyotes are harvested per year statewide during the eastern coyote hunting season. Finally, Dr. Bloch concluded that total predator exclusion can have negative effects on ecosystems, and he endorsed the limited approach to predator removal that the Reservation has employed, citing that predator removal must be conducted in conjunction with other management actions, such as reducing disturbance and improving habitat quality for the protected species.
With the exception of 2014, when Dr. Bloc’s study was on-going, the Reservation has continued a predator control program targeting only crows and coyotes. For the four years of 2012 through 2015, a total of six coyotes were removed from the beach. One satisfying result of this removal was that about 100 least tern chicks fledged in 2015. Very few tern chicks have ever fledged on Duxbury Beach, so this was very exciting news.
5.5 Replicated Habitats
5.5.1 Background
During part of the year, Duxbury Beach is home to two threatened species: piping plovers and least terns. The birds begin arriving in March to court, nest, lay their eggs, and fledge their young. Preferred nesting sites are flat, unvegetated areas of sand or gravel where predators cannot hide. By 1998 it had become apparent to the Duxbury Beach Reservation that the success of grass planting efforts and six years of relatively quiet weather had resulted in a significant reduction of open areas of acceptable habitat. Birds were nesting on the front beach where there was less vegetation but more conflict with human recreational users and greater danger from high tides and storm waves. In an effort to replicate naturally occurring washover fans (barren, fan-like areas that form when storms push sand and cobble from the beach and dunes shoreward over the marsh), the Reservation undertook an experiment to create nesting habitat for piping plovers.
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5.5.2 Project History
In 1999, the Reservation placed 1,700 cubic yards of quarry sand on the back beach between High Pines and the third crossover to form a large, open rectangle measuring approximately 300 feet by 150 feet. The quarry sand was slightly yellow in color compared with the grayer natural beach sand that closely matches the coloration of newly hatched plover chicks. Therefore, as part of the experiment, a roughly triangular half of the area was veneered with natural beach sand. The first piping plover nest in Massachusetts was found on this patch of artificial habitat, on the portion covered with natural sand. Unfortunately, a predator exclosure covered with netting was inadequate to fend off foxes in a nearby den, and all four eggs were lost to natural predation.
On the basis of this experiment, the Reservation made two assumptions. First, plovers prefer natural sand to quarry sand. Second, the birds are somewhat territorial and, while the area was larger than necessary for one nest, it was not large enough for two.
In 2000, the Reservation created two new habitat areas, each 75 feet in diameter, on the bay side of the beach just north of High Pines. This time the Reservation removed and stockpiled sand and placed 100 cubic yards of quarry sand in each excavation. The excavated natural beach sand was then spread over the quarry sand. No birds nested on the northernmost area, possibly because the slope was too steep. Two eggs were laid on the other new area, but both failed to hatch. Farther south, on the natural sand portion of the original 1999 habitat area, a pair of piping plovers laid three eggs and successfully fledged three chicks. In 2000, predator exclosures had wire covers instead of netting. In addition, the Reservation used vials of coyote urine to deter predators. Monitors raked the sand around the exclosures each day but saw no sign of fox tracks.
In 2001, the Reservation created two more areas, each about 75 feet in diameter, on the bay side of the beach between the southern edge of High Pines and the 1999 replicated habitat, again by bringing in quarry sand and covering it with previously excavated natural beach sand. This made a total of five artificial habitat areas on the bay side of the beach. No birds nested on either of the new areas, possibly because they were too near the end of the marsh behind High Pines. Unfledged plover chicks find it difficult to cross over marsh to reach food sources at the water’s edge.
Because of funding limitations, the Reservation was unable to create more habitat areas in 2002. Furthermore, the natural process of re-vegetation had filled in the five older areas with grass. Of the 14 pairs of piping plovers on Duxbury Beach in 2002, not one pair nested in a replicated habitat area. Interestingly, however, one pair nested on a newly repaired sacrificial dune.
In early spring of 2003, the Reservation attempted to restore the five replicated habitat areas by rototilling the grass. The results were not successful. The finished surface was rough, with many clumps of grass only partially buried, and the areas failed to attract any plovers. Meanwhile, the Reservation made the serendipitous discovery that new sacrificial dunes, constructed with 10:1 slopes and with beach grass planted 36 inches on center, effectively serve as replicated habitat. In 2003, three pairs of plovers nested on newly repaired sacrificial dunes.
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In 2005, the Reservation obtained a five-year permit from the Massachusetts DEP to burn grass to create replicated habitat areas. The burning was performed using a hand-held, three-burner propane torch so as to leave no gasoline or kerosene residue. The burn was performed late in the fall to allow the burned areas to “naturalize” over the winter so they might be attractive to plovers arriving in the spring. This experiment was somewhat successful in that during the 2006 season plovers nested on three of the five burned areas. However it was determined that burning was not a long-time solution because the grass grew back too quickly.
During the next few years, the Reservation then began to scrape replicated habitat areas (75-foot diameter circles) rather than rototilling them. This method showed some success because although the grass does grow back, it does not do so until the chicks have hatched.
In 2010, at the recommendation of Mass Audubon’s Coastal Waterbird Program’s staff biologist, the Reservation began scraping the replicated habitat areas to resemble a naturally occurring washover fan rather than scraping the standard 75-foot diameter circle. This method, which involves using a small “bobcat” in the early spring to scrape and bury the grass, has proven successful. In the 2010 season, two plover pairs fledged chicks after nesting in these areas. The Reservation continued to use the modified scraping technique in 2011, 2012, and 2013 with some success. Each year the scraped areas were used by at least one nesting pair.
Birds did not nest in the scraped areas in 2014 or 2015 because the Reservation was prevented from preparing the areas. No scraping was done in 2014 because the Reservation had so much repair work following a January blizzard that it had neither the time nor the money to devote to the project. In 2015, the Reservation was unable to scrape any areas due to the deep snow cover that lasted well into April.
5.5.3 Habitat Work Notification
No work will take place on replicated habitats until the proposed scope of work has been submitted to the Natural Heritage and Endangered Species Program (NHESP), with copies to the Duxbury Conservation Commission. These reports include the location, design, scope, and timing of the proposed work; justification of why the work is believed to be necessary; and a detailed explanation of how the proposed work will meet the performance standards that state that there shall be no short- or long-term adverse impacts on the habitats of piping plovers and least terns. No work will commence without the approval of NHESP, and the Reservation will notify the Conservation Commission before any habitat maintenance work begins. All work will be completed before April 1.
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Beach and Dune 6 Maintenance and Restoration Program
Duxbury Beach has a very long history of beach and dune maintenance. The town of Duxbury realized the importance of dune vegetation as early as 1751, when it voted “to petition the General Court to get an act to prevent neat cattle going upon or feeding on Duxbury Beach for the future.” Congress funded beach repairs in 1851 and again in the 1930s. In 1963, volunteers began installing fencing along the roadway to Gurnet-Saquish to control vehicle traffic, and in the early 1970s, the first beach grass planting and fertilization took place on the beach. This work has evolved into a beach and dune maintenance and restoration program that today is used as a model for other beaches throughout the Northeast.
Beach and dune maintenance and restoration activities are important components of any management plan for a barrier beach. The program that the Duxbury Beach Reservation, Inc. has developed utilizes annual maintenance activities and storm mitigation procedures necessary for maintaining the integrity of the Duxbury Beach barrier beach system, while protecting important wildlife habitat and permitting recreational use of this valuable resource area.
6.1 Notification Protocol
Due to the dynamic nature of the beach environment, it is impossible to predict other than in a general manner the location and extent of the various beach and dune maintenance or restoration projects, such as dune maintenance or repair, planting of beach grass and woody vegetation, installation of fencing, parking lot and roadway repair and grading, and installation of access ramps, which are performed on an annual basis. For this reason, the following procedure for final notification of these annual projects has been adopted.
The Reservation presents a list of any proposed activities requiring an SOP (standard operating procedure) to the Massachusetts Natural Heritage and Endangered Species Program (NHESP), the Duxbury Conservation Commission, and Mass Audubon. Projects requiring an SOP are listed in Appendix L. Notifications include the approximate date that work on each project is expected to begin.
In late December or early January, the Technical Committee of the Reservation prepares a list explaining in detail the method, location, and approximate time of each project to be performed. This list is sent to the NHESP, the Duxbury Conservation Commission, Mass Audubon, the Coastal Natural Resources/Endangered Species Officer (CNR/ESO), and the Massachusetts Department of Environmental Protection (MassDEP).
If it is deemed necessary by either the NHESP, the Duxbury Conservation Commission, or MassDEP, an on-site meeting is held in early February to further discuss the methods and location of various projects. Any person notified above is invited to such meeting.
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After all parties have reached agreement concerning the proposed projects, the Reservation prepares a detailed memo outlining exactly what work is proposed, where the work will take place, and when the work is expected to commence. The report is circulated to all attendees, and if no errors, omissions, or ambiguities are reported by any recipient within seven days, the memo is assumed to be accepted. No actual work will begin until the Duxbury Conservation Commission has been notified at least two business days in advance.
Work that is to take place in endangered species habitat must be completed by April 1, prior to the arrival of protected species. If this is not possible, no work will be performed until the work area is carefully monitored and certified free from protected species by the CNR/ESO prior to commencement of work each day. (See Appendix L for sample SOP on notification protocol.)
6.2 Dune Maintenance and Restoration
Human impacts and storms may alter the volume and form of barrier dunes. Several techniques are available to maintain or restore these dune systems. The following is a summary of the information presented in the handbook entitled Barrier Beach Management Sourcebook.
The three essential elements for the formation and maintenance of dune systems are wind, sand, and vegetation. In coastal areas, strong winds blow in off the water and pick up sand from the beach. This sand is carried landward by the wind until it hits an obstacle, such as beach grass, or until the wind velocity decreases. Beach grass traps the sand, causing it to form a mound. Nutrients carried by the wind and sand fertilize the beach grass, fostering its growth. The beach grass in turn stabilizes the hill of sand, trapping the wind-transported sand. Beach grass continues to grow up through the deposited sand and also sends out runners (rhizomes) that contribute to the lateral growth of the dune system.
6.2.1 Beach Grass Planting
Human alteration, coastal storms, pests, or disease may destroy beach grass and other dune vegetation. When this occurs, the planting of beach grass vegetation may be required. Certain commercial nurseries stock beach grass for dune restoration purposes. For storm damage restoration of dunes in piping plover habitat, MassDEP’s “Recommended Conditions for Barrier Beaches” indicates that the NHESP should be consulted. The NHESP staff generally requires that some open, unvegetated areas be left where storm overwash has occurred. Their rationale is that leaving open areas allows the piping plover chicks to move across the barrier beach so they can feed on either the ocean or bay beaches.
The NHESP has allowed some vegetation plantings in overwash areas. For example, at Duxbury Beach after the No-Name storm (Halloween Storm) in October 1991, the Reservation planted over 500,000 culms of beach grass in 20-foot circles, 20 feet apart, leaving areas between the circles unvegetated (see figure below).
SMITH, LESTER B., JR. EDITOR, 1983 BARRIER BEACH MANAGEMENT SOURCEBOOK. MASSACHUSETTS COASTAL ZONE MANAGEMENT OFFICE, BOSTON, 48 PP.
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BEACH GRASS CIRCLE PATTERN
20'
20'
After the December 1992 storm, the Reservation planted approximately 300,000 culms of beach grass. This time a herring-bone pattern was proposed and approved, with zigzag plantings arranged such that there were no east-west bare sand areas to allow wind scour (see figure below). This pattern was proposed because the earlier circle pattern caused the wind to funnel between the vegetated circles, causing wind-induced scour and lowering of the dune profile. The herring-bone pattern was successful because it stabilized the dune without causing wind and wave scouring. In addition, based on detailed field studies funded by the Duxbury Beach Reservation, this pattern did not appear to be an impediment to plover or tern movement from bayside to ocean and back.
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BEACH GRASS HERRING-BONE PATTERN
30'
30'
Since the mid-1990s, grass plantings have employed a third pattern. Low-density planting with culms spread 36 inches apart on center and covering the entire site have been approved by the NHESP staff and have proved successful in both stabilizing sand and providing habitat. No grass or other vegetation is planted anywhere east of the snow fence.
All grass planting is performed by hand. Teams of volunteers supervised by paid staff typically plant the beach grass in early spring after the threat of winter storm damage has passed but early enough to allow the plants to become established before the hot dry summer. On average, between 15,000 and 30,000 culms of grass are planted each year.
In the future, the low-density pattern will be used on Duxbury Beach so as not to impede plover or tern movement from the ocean side to the bay side of the barrier, or vice versa. Planting must be completed before the plovers begin arriving, generally by April 15. All work is coordinated with the CNR/ESO. In the event of late season storms, the Reservation will request permission from the Conservation Commission to do this work later in the season provided the area is swept by the CNR/ ESO to determine there is no plover activity in the area.
Beach grass has become scarce since Hurricane Sandy ravished the northeast coastline in 2012. In 2014, the Reservation received a grant from the Massachusetts Office of Coastal Zone Management to start its own beach grass nurseries. Because the grant application encouraged regional participation, the Reservation partnered with the town of Kingston, establishing one nursery at the site of Kingston’s regional high school and another on conservation land in Kingston. Both nurseries are doing well and should begin to yield transplantable beach grass in the near future.
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6.2.2 Woody Vegetation
For many years the Duxbury Beach Reservation has planted woody shrubs in the protected back dune areas of the beach. Beach grass does not grow well in these more stable areas or in cobble areas, so the use of shrubs has been employed to develop sediment-holding vegetation in these zones. The most successful varieties have been Rosa rugosa, bayberry, and beach plum, whereas black pine and red cedar have had a very high mortality rate.
Although woody shrubs are very slow growing in this shoreline environment, they not only hold existing dunes but also perform remarkably well during and after large storm events. The upright stalks slow overwash and, as a result, collect large amounts of sediment of all sizes. After storm events, wind-borne sand collects around the stems of these shrubs, as they are the only plant type to remain upright after flooding and sediment washovers. The Duxbury Beach Reservation, Inc. has recognized the role of woody shrubs in dune building for many years, and shrubs have always been an important component of the Reservation’s dune restoration program. The location of new plantings is determined in consultation with the NHESP and is generally within 10 feet of the designated roadway.
Woody vegetation is planted only during the period September 1 through April 30. As with the beach grass, in the event of late season storms, the Reservation may request permission from the Conservation Commission to do this work later in the season provided the area is swept by the CNR/ESO for plover activity. Plant materials are delivered by truck along the designated roadway, and all planting work is performed by hand.
6.2.3 Fertilization
Beach grass is a plant well suited for life on a beach, as implied by its scientific name Ammophila, meaning sand-loving. It grows best in the active zones on a beach or after a storm event when and where the movement of sand and nutrients stimulates growth. In back dune areas and during storm-free periods, beach grass begins to die. This die-back allows the wind and water to once again erode the beach. Research conducted by Cornell University revealed that aphids attack the grass in these areas. The Duxbury Beach Reservation has developed a program of fertilization to combat this problem and promote healthy vegetation.
During the early years of fertilization, the back dune areas of Duxbury Beach were fertilized each spring by hand. Since 2006, fertilizer has been applied by helicopter. The Reservation uses two different blends of fertilizer: one blend for the woody shrubs and one for the beach grass. Fertilization must take place before April 1.
6.2.4 Snow Fence Installation
Snow fence installation is an effective technique for trapping wind-blown sand and promoting dune growth. Importantly, snow fencing also serves as a barrier to vehicle and pedestrian traffic. Because beach vegetation is very sensitive to any type of traffic, snow fencing is used to protect vegetation from the large number of visitors to Duxbury Beach.
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The Duxbury Beach Reservation has found the use of two or more parallel rows of snow fence, 8 to 10 feet apart, to be the most effective way to build dunes. However, the NHESP staff has historically recommended against the use of more than one row of snow fence in piping plover habitat, because they believe fencing creates an obstacle to piping plover movement. As a result, one row of snow fence is used in most areas of the beach. On Duxbury Beach, many plover nests have been located in close proximity to snow fences, and snow fences do not appear to pose an obstacle to plover movement.
Currently the Reservation maintains at least one row of snow fencing along the entire length of the front beach with the exception of the most southerly end in Plymouth. To preserve as much habitat as possible, the fence is installed above the toe of the dune. When several hundred feet of fence and posts have been destroyed and the dune has receded, the fence in this area will be moved back to conform to the new beach contour.
Snow fence is attached to wooden posts installed about 10 feet apart by a rubber-tired backhoe or auger, or by hand digging. The fencing is stapled and/or wired to the posts by hand. Snow fencing is typically installed before the piping plover and least tern nesting seasons begin. In the event of late season storms, the Reservation may request permission from the Conservation Commission and the NHESP to do this work later in the season. All work is coordinated with the CNR/ESO.
6.2.5 Symbolic Fencing
Since the mid-1990s, “symbolic fencing” has been used on the beach. There are two types ― permanent and temporary. Permanent symbolic fencing is used on the front beach to protect the toe of the dune from all forms of traffic and to allow vegetation to grow and sediment to move in response to weather conditions. The area behind the fence also serves as wildlife habitat and is generally where the storm wrack collects. Permanent symbolic fencing consists of fence posts installed on the upper beach face by rubber-tired backhoe, auger, or by hand. Depending on beach conditions, the fencing is placed approximately 20 to 50 feet east of the snow fence. The poles are placed approximately 50 feet apart. String is strung between the poles during the summer season.
By April 1 of each year and continuing throughout the plover and least tern nesting season, the CNR/ESO installs a second row of fencing called temporary symbolic fencing on the front beach, in most cases east of the permanent symbolic fence. The temporary symbolic fence is positioned and located to protect nesting habitat. The fence generally consists of 6-foot metal stakes driven by hand with string strung between the stakes. This string is further delineated by florescent surveyor tape. Signs are posted around these protected habitats to further identify the area. The exact location of the temporary symbolic fencing is determined by the CNR/ESO and can change from day to day, based on the activities of the broods.
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6.3 Sacrificial Dunes
6.3.1 Background
Barrier beaches, which consist of beaches (including tidal flats) and dunes, provide the critical function of storm damage prevention and flood control for landward structures and resources by acting as a buffer to storm waves and elevated sea levels. In addition, they provide wildlife habitat and protect landward wildlife habitat areas. They also provide aesthetic and recreational benefits. Many factors — including beach volume, form, and sediment characteristics; the ability of waves to remove dune sediment and contribute this material to the beaches and/or other adjacent dunes; the amount and type of vegetative cover; and the ability of beach sediment to migrate in response to wind and waves — contribute to the barrier beach’s capacity to provide these important functions.
Following major storms, barrier beaches respond by eroding, reshaping, possibly migrating landward, and supplying their sediment to other areas in order to dissipate storm wave and wind energy and prevent further alteration or damage in these areas. When dunes are severely eroded and lowered below certain critical flood elevations and vegetation is severely impacted as a result of storms, reconstruction or rehabilitation of the dunes may be necessary to prevent or avoid future damage to landward structures and resources. If a coastal storm were to make landfall in the same area soon after a previous major storm, and the dunes and vegetation had not been reestablished, landward property and resources would be at further risk.
Following the catastrophic series of coastal storms in the early 1990s (Hurricane Bob in August of 1991, The No-Name Halloween or “Perfect Storm” of October 1991, and the December 1992 storm ― all declared federal disasters), dune elevation was seriously reduced, and vegetation and snow fencing along the entire length of Duxbury Beach were badly damaged or totally destroyed, except in two locations ― High Pines and Plum Hills. Even in these two areas, however, overwash and breakthroughs occurred.
As a result of this extreme vulnerability and the high risk of potential damage to mainland structures and landward resources if another coastal storm were to strike in the near future, Duxbury Beach Reservation, with assistance from a number of federal and state agencies and coastal specialists — most notably the Federal Emergency Management Agency (FEMA), Massachusetts Emergency Management Agency (MEMA), and the U.S. Army Corps of Engineers (USACE) — implemented a “sacrificial dune” program on Duxbury Beach.
U.S. Army Corp of Engineers’ policy guidance states that a protective dune is part of a sacrificial storm damage reduction system in which loss of material from the system during storms is anticipated. Storm damage protective systems are designed to sacrifice the beach berm and dunes to dissipate wave energy and prevent erosion from reaching developed property behind the protective beach and dune system. The need for periodic nourishment is most often associated with replacement of erosive losses that occur during storm events.
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The Guidelines for Barrier Beach Management in Massachusetts (February 1994) describes “sacrificial dunes” as low-lying man-made dunes that are designed to provide short-term storm damage protection to landward development. Because they are designed to withstand only a 5-year return frequency storm (as designed by the Corps of Engineers and financed principally by FEMA), the Guidelines state that the dunes will be sacrificed during a storm and therefore must be regularly maintained. Maintenance includes planting dune vegetation, erecting snow fencing, grading, and reshaping the dune to its original design.
The Guidelines for Barrier Beach Management in Massachusetts further states, “On beaches and dunes that have been determined to be actual rare species habitat, alterations to the natural system are generally discouraged and often prohibited. However, there may be instances in which erosion control projects such as dune and beach rebuilding and enhancement, including the installation of snow/sand fences, the planting of beach grass, and other soft solutions for beach and dune stabilization, may be necessary in order to protect public health and safety by preventing or minimizing an imminent threat from storm damage and flooding.”
6.3.2 Sacrificial Dunes on Duxbury Beach
Two sacrificial dunes have been constructed and maintained on Duxbury Beach. The first was constructed in 1992 as a result of beach/dune alterations caused by the October 1991 “No-Name” northeast storm. FEMA concluded that the very low post-storm elevation of the beach and dune posed a significant public safety concern and urged Duxbury Beach Reservation to take immediate action to restore the storm damage prevention value of the beach and dune system. After consultation with USACE, FEMA recommended that the beach and dune be restored by construction of a “sacrificial dune.” The design called for approximately 80,000 cubic yards of sand to raise the dune to a consistent elevation of 16 feet (NGVD) with a width of 10 feet across the top to prevent storm wave overtopping coincident with a five-year storm. Snow fencing was replaced, and approximately 500,000 culms of grass were planted on the dune.
FEMA reimbursed the Duxbury Beach Reservation 75 percent of the cost of constructing and planting this first sacrificial dune. Then the December 1992 northeast storm struck, redistributing much of the dune and beach sand. These sands, however, remained within the Duxbury Beach “system” (via landward and seaward transport) and continued to provide beneficial functions such as the creation of near-shore storm bars and overwash fans, establishing landward substrate for Duxbury Beach to continue its long-term landward migration.
A second sacrificial dune was constructed in 1994 as a result of the erosion caused by the December 1992 northeaster. As in the previous case, FEMA and USACE determined that sacrificial dune construction was necessary to abate a serious public safety and storm damage threat to landward structures and resources. The design of this second dune was similar to the first one. However, there was one major change: approximately 120,000 cubic yards of compatible material were placed in a more landward location on the barrier beach to be farther from the reach of coastal storm waves. This design change was made to provide additional longevity and more closely align the sacrificial dune with
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the landward barrier migration. The designated roadway was also relocated to the west, and about 300,000 culms of grass were planted on the new dune.
Another change was made to the slope of the second sacrificial dune. Originally, the slope on the front face of the first sacrificial dune was 6:1 (6 horizontal feet for every vertical foot) and 3:1 on the back face. As a result of experiments and in consultation with the NHESP and Mass Audubon’s Coastal Waterbird Program, the Reservation constructed the back face with a slope of 6:1 instead of 3:1 to accommodate the behavior patterns of the piping plover — that is, to allow the plovers to traverse the dune to the seaward and landward intertidal feeding areas. The best slope for the front face of the dune was determined to be 10:1 rather than the original 6:1, which conforms more closely to the contour of the existing beach. The flatter slope provides additional nesting habitat and more efficiently dissipates wave energy.
When the second sacrificial dune was constructed, the Reservation had noted that no piping plovers had been observed nesting on any of the several sacrificial dunes that had been constructed in the Commonwealth. For that reason, the Reservation continued experimenting and placed a 3- to 6-inch veneer of native beach sand over the imported quarry sand. The result has been gratifying. In the 2002 season, Duxbury Beach had the first nest documented on a sacrificial dune in Massachusetts. The success continued the following season, with three nests documented on the portion of the sacrificial dune repaired in 2003.
When the Reservation constructed the sacrificial dune in 1992 and then reconstructed it in 1994, FEMA was the major source of emergency and disaster relief funds for rebuilding sacrificial dunes following a major storm. To qualify for funding, applicants had to have maintained the dune at the engineered elevation of 16 feet NGVD. Since the dune reconstruction projects in 1992 and 1994, the Reservation has maintained the dune at elevation 16 feet and has recorded profiles annually. However, FEMA denied a request for funds to repair the dune following a powerful northeaster in April 2007, declaring that recreational beaches were no longer eligible. The Reservation argued extensively that only a portion of Duxbury Beach is used for recreation and that the dune’s real function is as a critical barrier for protecting shoreline properties. Despite lengthy correspondence from state and local officials supporting this argument, FEMA still denied the Reservation’s request for funding.
Despite FEMA’s denial of the Reservation’s claim in 2007, the Reservation has continued to obtain authorizations for annual dune repair, plantings, and snow fencing in order to maintain the original design parameter of elevation 16 feet (NGVD) with a width of 10 feet across the top. Another major dune repair project took place in the spring of 2011, following severe erosion of the dunes at High Pines and Plum Hills. The Reservation replenished these dunes by placing sand about 50 feet back from the face of the existing dune in an unvegetated area. This placement was made not only because of the westward migration of the barrier but also to avoid covering up an area heavily vegetated with Rosa rugosa. Volunteers planted beach grass in the new sand.
The most recent major dune project took place in the spring of 2013, following a severe blizzard in February and a major northeaster in March. The southern portion of Duxbury Beach suffered the worst damage. The designated road washed out, stranding the year-
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round residents of Gurnet-Saquish. The Reservation brought in truckloads of crushed rock and gravel to repair the road. A large section of the sacrificial dune between High Pines and Plum Hills washed away, and in several places there were serious breaks in the dunes. The Reservation spent over $1 million bringing in quarry sand to restore the level of the dune to elevation 16 feet (NGVD) with a width of 10 feet across the top. In addition, all three crossovers washed out. The Reservation rebuilt the first two but was unable to fix the third crossover before the April 1 deadline when construction vehicles must be off the beach because of the arrival of the protected piping plovers and least terns. (The third crossover was finally repaired in early 2016.) All the snow fencing had to be replaced and most of the post and cable fencing. Volunteers planted 40,000 culms of beach grass and 4,000 Rosa rugosa plants.
Once again, FEMA denied the Reservation’s application for reimbursement, again citing that recreational beaches are not eligible for FEMA reimbursement. The Reservation has appealed FEMA’s ruling.
6.3.3 Sacrificial Dune Construction
Material to be used in maintaining or reconstructing the sacrificial dune is brought in from off site and delivered to the required areas by truck. Little or no vegetation is disturbed. Any vegetation that is inadvertently damaged is immediately replanted. No work takes place until the Duxbury Conservation Commission and the NHESP have been notified and the work has been approved. The Reservation gives 48-hour notification to the Commission before any truck or machinery movements commence.
Material used to maintain or reconstruct the sacrificial dune must be substantially compatible with existing beach material. The beach and dune sediments of Duxbury Beach consist of fine sand to cobble-sized material. Tests on existing dune sands and proposed nourishment material are conducted, and the most appropriately sized material is used for dune nourishment. No material is removed from the beach or dune unless contaminated, and the volume removed must be replaced. Any work occurs above the extreme high water mark.
To provide maximum habitat potential and aesthetic characteristics, where appropriate, existing natural, unvegetated dune material is excavated and stored temporarily in unvegetated dune and beach areas, and the imported off-site dune nourishment material is placed in the excavated area and subsequently covered with the natural material. The area is then planted as described in Sections 6.2.1 and 6.2.2.
As this work occurs on a dynamic beach and dune, it is not possible to propose in advance exactly where nourishment and plantings will be required. Beach and dune areas are generally surveyed following all storms, and particularly in late winter. The proposed scope of any work is reviewed and approved by the NHESP and Duxbury Conservation Commission before any action is taken. Work is usually performed in late winter.
No work is performed between April 1 and September 1 in areas identified as plover “habitat,” unless the NHESP and the Duxbury Conservation Commission have approved the work and the CNR/ESO has evaluated the area. Some activities involving handwork
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only — for example, snow fence installation — may require the presence of the CNR/ESO. Also, in the event of an emergency, work activity may require the presence of the CNR/ESO. In both cases — handwork or any emergency work — the CNR/ESO will ensure that such work will have no immediate effect on any rare or endangered species.
The Duxbury Beach Reservation continues to use best management practices that involve state-of-the-art preservation and engineering techniques. Our goal is to maintain and preserve Duxbury Beach as a host to wildlife and vegetation, as a protective barrier for the inner shore, and where possible, as a recreational resource for public use and enjoyment.
6.3.4 Interests to Be Protected
The Wetlands Protection Regulations at 310 CMR 10.28 (1) state that all coastal dunes on barrier beaches are per se significant to storm damage prevention and flood control. Coastal dunes are also often significant to wildlife habitat. In addition, no project may be permitted which will have any adverse effect on specified habitats of rare vertebrate or invertebrate species. Thus, storm damage prevention, flood control, and wildlife habitat are the “interests” to be protected.
The critical characteristics of dunes for protection of the “interests” cited above are:
The ability to erode in response to coastal beach conditions (waves and wind) Dune volume Dune form Vegetative cover The ability of the dune to migrate landward and laterally The ability of the dune to continue serving as bird nesting areas
The placement of sand for construction of the sacrificial dune (dune form and volume), planting of dune vegetation (vegetative cover), and the selection of locations for installation of snow fencing require approval by the NHESP. The construction of sacrificial dunes adds compatible sand (volume) to the dune system. Vegetative cover and selective installation of snow fencing strengthen the dune. These actions, while enhancing storm damage prevention and flood control, do not prohibit the dune from migrating in response to wind and wave conditions and thus protect the interests of the Wetlands Protection Act. The Reservation’s recent experience with creating sacrificial dunes also affirms the ability of these dunes to serve as protected bird nesting areas.
The Duxbury Beach Reservation maintains a valid “Order of Conditions” issued by the Duxbury Conservation Commission, which allows the primary dune ridge to be maintained at the 16-foot elevation. It is essential that the dune be maintained in its original configuration and that surveys are conducted to document the existing conditions. In the event that another significant storm damages all or part of this vital dune, the Reservation needs to have documented existing conditions to be eligible for federal or state aid if any is available.
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6.4 Designated Roadway
As described in Chapter 4, Beach Uses and Management, there is a need to limit the number of ORV crossovers on the barrier beach. The previous multiple crossovers from the designated roadway to the front beach have been reduced to two carefully selected main locations and a third crossover south of High Pines that may be opened at the discretion of the Harbormaster/Coastal Natural Resources Department.
Each barrier beach is different, and as was pointed out earlier in Chapter 2, Duxbury Beach varies considerably from the north to the south end. One successful technique for restricting ORVs to corridors is the use of fencing. On Duxbury Beach, ORV use is restricted to the designated roadway and the established track on the front beach. Post and cable fencing delineates the designated roadway.
6.4.1 Post and Cable Fencing
Post and cable fencing has been installed along both sides of the designated roadway to prevent ORV access into sensitive dune areas. Poles, approximately 12 inches in diameter and 8 feet long, are used as posts on Duxbury Beach because they provide an effective physical deterrent to vehicles that might otherwise stray onto vegetated dunes or into other sensitive areas. All post and cable fencing is consistent with existing fence materials, and all posts are installed approximately 4 feet in the ground by rubber-tired backhoe, auger, or by hand drilling. Cable is attached to the posts by nails or staples.
6.4.2 Surface Maintenance
The gravel surface of the designated roadway must be kept smooth. Rutting of this surface can cause depressions where unfledged plover chicks may hide or become trapped during times when essential vehicles are allowed to travel in the designated roadway. The Reservation grades the roadway three times a year. One grading is performed in the spring prior to the birds arriving and one in the fall after the birds leave. In addition, the Reservation has been granted permission by the NHESP to grade the road once around July 4th provided the roadway is swept by the CNR/ESO to assure there are no unfledged chicks at risk. The Reservation does not grade the road during the winter. These gradings require the use of construction equipment, such as a small grader or front-end loader.
During grading of the roadway surface, care is taken to minimize the berm of gravel which builds up along the edge of the roadway. Transition areas, a minimum of 3 feet wide and spaced every 50 feet along the roadway edges, are created in habitat areas by flattening the berms. These smoothed-out transition areas are necessary to facilitate the passage of piping plover chicks crossing from east to west and back to access both the bay and the ocean.
Maintaining the designated roadway involves adding gravel from an off-beach source to maintain the roadway’s elevation, grade, and crown and to minimize water retention on the road surface. The crown minimizes the frequency of grading required to maintain a
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smooth surface. All imported gravel must be free of any contaminants and meet state highway standards for processed gravel.
In 2015, the Reservation began a project to raise 8,400 feet of the designated roadway from the guard shack at the resident parking lot to High Pines. The road had deteriorated over the years and become riddled with potholes. The specs called for dense-graded crushed stone mixed with fine aggregates of natural sand. Rather than having a crown on the centerline, the specs called for a slope of ¼ inch per foot from a high on the east side to a low on the west or bay side. It is hoped this configuration will prevent surface water from collecting on the road itself. The project will continue as funds become available.
It is important that the designated roadway be considered a temporary feature. Since barrier beaches migrate landward as storms overwash these landforms, it is necessary periodically to move the vehicle corridor westward to keep up with the natural migration process. The designated roadway was moved in 1977 and again in 1994 when the beach was most recently restored. In 2014, a section of the roadway below the third crossover was moved 40 to 50 feet to the west to accommodate the continued loss of width of the front beach in this area. The designated roadway is maintained as a gravel surface with no pavement so that it conforms as much as possible to the natural characteristics of the barrier beach.
6.4.3 Roadside Storm and Erosion Protection
Bayside erosion of certain areas of the barrier beach has accelerated in recent decades due to natural forces. In areas along the designated roadway, particularly in the location where the Duxbury Bay channel is in close proximity to the beach, storm waves approaching from the west and southwest are causing erosion and loss of the roadside edges. Over the past several years, the Duxbury Beach Reservation, Inc. has been routinely repairing this section of road, following even minor storms, by replacing eroded road material according to provisions in the approved Duxbury Beach Management and Habitat Conservation Plan. In 2006, the bayside erosion of the barrier was such that a 2- foot vertical erosion scarp (drop-off) existed along this portion of the roadway.
Alternatives for mitigating the erosion along the designated roadway are limited by strict environmental regulations. The Reservation studied several options, such as moving the road seaward (eastward) or armoring the road edge with a large stone rip-rap revetment. Moving the road seaward would adversely affect vegetated areas. Constructing a revetment would interfere with the barrier’s natural processes, in particular its continuing landward migration. Furthermore, structural armoring of barrier beaches is not allowed under the state Wetlands Protection Regulations, although a variance might ultimately have been granted because of the necessity of access to Gurnet-Saquish by emergency vehicles. After ruling out both of these options, the Reservation selected and received approval from the Duxbury Conservation Commission for an innovative nonstructural cobble berm. The cobble berm was constructed in 2006.
The cobble berm is a moderately sloping ramp of cobble-sized stone placed up against the west edge where the road is eroding. The beach in the location of the new cobble berm already consists of a mix of pebble and cobble, so the cobble berm is compatible
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with the existing environment. Cobble berms work to prevent or slow erosion by allowing storm-wave uprush to quickly percolate through the large spaces between the individual cobbles, thereby preventing the stronger wave backwash from removing beach (and road) sediment with it as it returns to the sea. It is important to keep the spaces between the individual cobbles free of sand in order to allow maximum wave percolation. The cobbles are round-shaped rather than angular, because research has shown that round- shaped rocks tend to move landward during severe wave action rather than being eroded seaward, as sand would be. Any round rocks that do move seaward should roll back, whereas jagged rocks will not.
The cobble berm was constructed to cover the 2-foot roadside scarp up to the top edge of the roadway. It slopes seaward 12 to 15 feet at an approximate 6.0:1 to 7.5:1 slope. The seaward edge of the cobble berm was designed to be landward of high water so as to minimize the frequency of wave interaction and to avoid inter-tidal fill. The cobble berm requires periodic maintenance to replace cobble following major storms, as was done in during the spring of 2011.
Over the years, the cobble berm has succeeded in protecting the roadway, although it continues to be battered by strong westerly and southwesterly winds that blow storm waves from the land toward Duxbury Beach. In 2015, the Reservation won a grant from the Massachusetts Office of Coastal Zone Management (CZM) to extend the cobble berm and refurbish the existing berm. The Reservation will continue to maintain the cobble berm, as it is arguably the most innovative and environmentally sensitive approach to protecting the designated roadway from storm wave erosion.
6.5 Beach Cleaning
Each September, volunteers gather to help remove trash and assorted marine debris from Duxbury Beach. This community effort is held in conjunction with Coastsweep, a statewide project organized by the Massachusetts CZM Office. Coastsweep is part of the international beach cleanup coordinated by the Center for Marine Conservation, located in Washington, D.C.
Annually in Duxbury, many volunteers walk the 4.5-mile beach, collecting between 5,000 and 25,000 pounds of trash. Working in pairs, one partner wearing protective gloves picks up debris from the beach and places it in a trash bag. The other partner documents on a data sheet the number and types of debris found. At the conclusion of the cleanup, these sheets are sent to the Center for Marine Conservation for tabulation. The data are then used to identify the sources and types of marine debris that wash up or are left behind by visitors on the world’s beaches. The information compiled by the yearly Coastsweep effort in the United States is reported to Congress and provides a scientific basis for legislation and regulations limiting the types and locations of offshore dumping activities, and to establish safeguards to protect beaches in the future.
Battelle, a contract research facility formerly located in Duxbury, has sponsored the annual Duxbury cleanup for many years and provides staff to organize and direct the effort. CZM
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provides gloves, bags, and data sheets. The Duxbury Department of Public Works (DPW) hauls the bagged debris to the town transfer station. The trucks are weighed empty and then full to provide an accurate accounting of the weight of the debris.
All cleanup activity is closely monitored to prevent individuals from entering the dunes or other sensitive areas. All work is conducted by hand, with the exception of bagged and bulk trash removal, which is performed by trucks or heavy equipment if debris is excessive in size or weight. All work is coordinated with the Harbormaster/Coastal Natural Resources Department and the CNR/ESO.
6.6 Maintenance of Duxbury Beach Park Pavilion Area
The Duxbury Beach Reservation maintains the Duxbury Beach Park pavilion area, including the public parking lots and pavilion building. The Reservation pays a concessionaire a percentage of the annual income from parking revenues. The concessionaire collects the parking fees, runs a snack bar service, and provides lifeguards. The pavilion area is open to the general public through the gate at the north end of Duxbury Beach. The Duxbury Beach Reservation funds maintenance of this area, in part through its percentage of the parking fees. The Reservation keeps parking fees at a competitive rate, generally lower than fees at other similarly equipped public beaches.
Maintenance of the pavilion building includes all necessary repairs, alterations, and improvements. Maintenance of the paved parking areas includes removal of excess sand and gravel that blows or washes onto the pavement. This sand and gravel is removed and stockpiled on previously altered surfaces for possible use in the maintenance of the vehicular corridor areas, including the soft sand transition areas. No material is removed from the barrier beach.
Maintenance work also includes sweeping, paving, and painting parking areas, and maintaining gates. Repair and maintenance paving do not exceed the geographical boundaries of the existing pavement. In 2010, the Reservation created a single roadway through the pavilion parking area, using post and cable fencing to delineate the roadway. This improvement prevents unauthorized parking in sensitive areas next to bayside dunes and marshes.
In spring 2016, the Reservation began to raise the roadway into Duxbury Beach Park because it is flooding during monthly moon tides due to rising sea level. The arrival of the plovers stopped work until September, at which time the road project will be completed. Plans also call for raising the pavilion parking areas on both sides of the road in September.
6.7 Maintenance of Duxbury Beach Resident Parking Lot
The Duxbury Beach Reservation, Inc., with assistance from the town of Duxbury, Department of Public Works, maintains the Duxbury Beach resident parking lot at the east end of the Powder Point Bridge. Maintenance work includes sweeping, paving, and painting parking areas, and
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maintaining gates and the off-road vehicle access way to the Duxbury Beach Park pavilion area at the north end of the beach.
Maintenance of the paved parking areas requires removal of excess sand and gravel that blows or washes onto the pavement. This sand may be removed and stockpiled on previously altered surfaces for possible use in the maintenance of the vehicular corridor areas, including the soft sand transition areas. No material is removed from the barrier beach.
Paved parking areas require periodic maintenance and/or repair. Repair and maintenance paving do not exceed the geographical boundaries of the existing pavement.
In spring of 2012, the Reservation constructed a wooden platform around the Barney flagpole in the south parking lot behind the guard shack and placed two teak benches that were a memorial donation by a local family. The Reservation also placed a split rail fence along the parking lot (with two openings) and removed the large boulders that used to delineate the parking area. These boulders were causing erosion of the sand beneath them. The Reservation planted Rosa rugosa bushes and beach grass in front of the fence. The goal is to confine pedestrian traffic to the two walkways and provide the entire area with a more scenic vista of the bay.
6.8 Elevated Access Ramps (Access for the Physically Challenged)
In 1996, the Duxbury Beach Reservation completed a major renovation of the Duxbury Beach Park pavilion, including the installation of a handicapped-accessible toilet. In addition, the Reservation constructed a handicapped-accessible walkway to the beach, immediately in front of the pavilion. The Reservation, motivated by gifts in memory of a handicapped young man, provided this new facility so that individuals who had not been able to gain access to the beach now have that opportunity. The town of Duxbury, with the help of funds from the Duxbury Commission on Disabilities and the Reservation, also built a new handicapped-accessible walkway for the Duxbury resident parking lot at the east end of the Powder Point Bridge. Both walkways conform to American with Disabilities Act (ADA) standards. The walkway at the resident parking lot is wide enough for two wheelchairs to pass. In addition to providing access for the physically challenged, both ramps are open to everyone and also serve as scenic viewing platforms. Parts of these structures are removed and replaced seasonally to prevent winter storm damage. The ramps are generally installed by hand and transported to and from the site by small vehicles.
In 2014, a third ramp for the physically challenged was built by an Eagle Scout on the bay side of the small parking lot next to the guard shack. This ramp is wide enough for a person to walk next to a wheelchair.
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7 Public Education and Outreach
The Duxbury Beach Reservation, Inc. has several public education and outreach programs that are available to the general public, school children, and all visitors to the beach. The Town and the Reservation strive to educate all beach visitors on the value of Duxbury Beach¹s natural resources. It is felt that if the public understands the processes by which the barrier beach provides a storm buffer protecting Duxbury Bay and the mainland, and understands its importance as a habitat for a multitude of coastal fauna and flora, including threatened and endangered bird species, they will become active participants in its protection.
7.1 Duxbury Beach Reservation, Inc.
The Reservation seeks to keep the general public informed about the beach by means of periodic articles in local papers, and members of the Reservation are available to speak to groups when requested. The Reservation has set up and staffed exhibits at beach events and environmental fairs to explain, by means of maps, documents, and informational posters, the biology of the beach, geological change, management techniques, dune restoration projects, and the replicated habitat experiments. For the last several years, the Duxbury Beach Preservation Society, a subcommittee of the Reservation, has hosted “Ed Night,” featuring speakers on beach-related topics. The Reservation also welcomes outside groups to conduct educational programs at the beach.
Some of the most effective education takes place informally when volunteers come to work on the beach, participating in “Coast Sweep,” the fall beach cleanup, or helping to plant beach grass. The paid crew and experienced volunteers teach the newcomers; after a few hours the newcomers are teaching the next group of newcomers. Working on the beach and learning its processes gives people a vested interest in “their” grass, and they become strong advocates for beach preservation.
Each year the Reservation provides a grant to Mass Audubon for a summer education program at Duxbury Beach, as detailed in Section 7.6.
7.1.1 Duxbury Beach Preservation Society The Duxbury Beach Preservation Society is a subcommittee of Duxbury Beach Reservation, Inc., that grew out of the Save the Beach group, a collection of concerned volunteers who came together to help raise money for the prodigious beach restoration efforts needed after the 1991 No-Name storm and again in 1992 following a devastating northeaster. The Preservation Society had a twofold mission: to raise funds for beach preservation projects and the storm damage fund and to educate the public about the importance of caring for the beach. In recent years, the Reservation has taken over the fundraising, and the Preservation Society focuses on outreach.
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Educational outreach includes occasional newspaper articles and an annual “Ed Night.” “Ed Night” programs have included talks on the formation and migration of the beach, oystering, and hawks and snowy owls. For the kindergarten and second grade beach field trips, the Preservation Society has created age-appropriate booklets that reinforce the topics being studied. Each year the booklets have new covers chosen in an art contest. Recently, the Preservation Society has begun to offer programs designed for families with young children. A Halloween parade and a spring scavenger hunt both brought many families to the beach.
Membership in the Preservation Society is open to anyone interested in preserving Duxbury Beach.
7.1.2 The Duxbury Beach Book In May 2007, the Reservation published The Duxbury Beach Book, a full-color, hard-cover book that explores the history, nature, and beauty of Duxbury Beach, Gurnet-Saquish, and Clark’s Island. Nine chapters of text describe the geology of the beach, its history, the old and new Powder Point Bridge, the storms that have battered the beach, the plants and wildlife, and the people and events that have had an impact on the beach. The book is filled with historical and present-day photographs. The Duxbury Beach Book can be purchased at Westwinds Bookshop or online at the Reservation’s website (www.duxburybeach.com). All proceeds go toward preserving the beach.
7.1.3 Beach Signage
In 2009, the Reservation replaced all the signs at the Resident Parking Lots and along the back road, including the crossovers. The signs, designed to match The Duxbury Beach Book, fall into two categories: informational (e.g., “Please stay off the dunes”) and regulatory (e.g., “No dogs allowed,” “speed limit 5 mph”). All the old, battered signs were removed from the beach.
7.1.4 Duxbury Beach Reservation Website The Reservation maintains the following website: www.duxburybeach.com
The website is periodically updated with information on Preservation Society events, Reservation consultant reports, and fund-raising appeals.
7.2 Harbormaster/Coastal Natural Resources Department
The Harbormaster/Coastal Natural Resources Department oversees daily operations on Duxbury Beach properties and enforces the regulations pertaining to access and use. Believing that beach visitors will respect the resource if they understand the reasons behind the rules, the department provides a multi-dimensional program of education.
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7.2.1 Public Information Notification Program
7.2.1 (a) Brochures
Each year the Harbormaster/Coastal Natural Resources Department produces a brochure of Duxbury Beach rules and regulations. The brochure is included with every vehicle permit. Copies are also available at the Harbormaster’s office. In addition, information notices are handed out to beach visitors and residents of Gurnet-Saquish whenever a beach-related matter needs to be communicated. On an average weekend day, approximately 1000 notices are issued.
7.2.1 (b) Signs
Informational signs are posted at the crossovers and throughout the beach region. When nests are present, signs explaining endangered species protection are placed in the area.
7.2.1 (c) Website
The Harbormaster/Coastal Natural Resources Department maintains the following website:
www.duxburyharbormaster.org
This website contains important information about the beach including the following:
Current beach conditions Duxbury Beach rules and regulations Beach permit application Duxbury Beach dog rules Endangered Species Program Shellfish information
7.2.2 Department Presentations Members of the Harbormaster/Coastal Natural Resources Department give informational talks to various groups visiting the beach including students of Duxbury elementary and junior high school, private school students, and participants in the Mass Audubon summer education program.
7.2.3 Public Speaking
Members of the Department welcome the opportunity to speak to groups. They have made presentations for Rotary, Kiwanis, church, and senior citizen groups.
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7.2.4 Media Announcements and interviews have appeared in newspapers and been aired on radio and television. The Department tries to get information out to beach guests through every means possible.
7.3 Town of Duxbury Schools
Duxbury students use the natural resources of Duxbury Beach in a diverse curriculum that is aligned with the standards recommended by the Massachusetts Frameworks. As the scope and sequence changes to meet higher expectations, teachers and students work to address the key understandings and essential questions in Earth/Space, Life, and Physical Sciences.
Kindergarten students visit Duxbury Beach in the late spring to learn about living things and their environment. The students use observation, exploration, and discussion skills as they learn more about habitats and the relationships between those habitats. The Duxbury Beach Preservation Society provides each student with an age-appropriate booklet containing pictures and information relevant to the beach environment.
For many years, the second graders visited the beach during their tour of Duxbury, which was part of the social studies curriculum. The second graders also received age-appropriate booklets from the Preservation Society.
The 7th Grade Life Science Program at the Duxbury Middle School studies Duxbury¹s ecosystems in the spring term each year. A major part of this study is the final unit of study specifically focusing on the ecology of Duxbury Beach. After three weeks of preparation, students have a full day of field study on the beach, followed by a week of follow-up lab work in the classroom. Prior to the field study, students learn about the formation of Duxbury Beach, the erosive forces upon the beach, beach flora and fauna, and relative environmental factors that have the greatest impact potential upon the preservation of Duxbury Beach.
The full day of field study involves making a comparative study of the ocean and bay microsystems. Data is collected on site to make these comparisons. The Back River channel contour is surveyed yearly along Powder Point Bridge, and data are compared to the previous year¹s data. Dune and bay transect surveying is done on site to estimate flora and fauna populations. Relative turbidity, temperature, geology, and salinity are compared from bay to ocean. Plankton samples from both sides of the beach are collected, surveyed, and compared through microscopic observation in the school laboratory.
The ultimate goal of the unit is to provide an appreciation of Duxbury¹s great natural asset of Duxbury Beach. This is done through the direct interaction of the students with this environment. While at the beach, students meet the Harbormaster/Coastal Natural Resources Officers and learn about some of the innovative programs to enhance shorebird habitat while preserving the beach. Each year, a minimum of 60 parents/siblings/relatives/friends act as chaperone/recording ecologists to assist each team of student participants. This gets the whole community involved.
The Duxbury Beach Preservation Society has responded in the past and will continue to do so whenever any teacher requests a presentation at the beach or in the schools.
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7.4 Duxbury Before and After Dark
This community education program offers many programs of interest to Duxbury residents. The classes dealing with topics related to the beach include shellfishing, finfishing, shell collecting, and astronomy.
7.5 Summer Programs for Area School Children
All summer long, during week days, children from many area schools and summer programs, including the Duxbury Bay Maritime School, visit the beach. Such visits are posted on the Harbormaster/Coastal Natural Resources Department’s day calendar for staff review.
7.6 Mass Audubon’s Education Program
Every Tuesday, Thursday, and Saturday morning in July and August, Mass Audubon provides educational programs for adults and children on Duxbury Beach. These programs, funded by the Duxbury Beach Reservation, describe the natural and cultural history of the area, with a special emphasis on conservation. The Duxbury Beach Reservation website, duxburybeach.com, the Mass Audubon website, massaudubon.org, and the Duxbury Clipper list program topics.
Over 400 people participate annually in the Duxbury Beach series, many of them local, some newcomers, some from as far away as Florida and Australia. Adults explore the bay, ocean, salt marsh, and Gurnet Point through a variety of topics including shellfishing, birds, coastal geology, and beach management. They listen to lively, informative speakers and investigate seashore life firsthand by catching minnows, writing poems in response to the landscape, measuring the salinity of the salt marsh, daring to taste kelp chips, and so forth. On Saturdays, families with younger children have an opportunity to meet horseshoe crabs, form a human sundial, paint with sand, catch razor clams, and make wave bottles. The Saturday morning beach walks attract as many as 40 or 50 people. They offer a great way for kids and adults to develop and exercise their curiosity together.
The goal of the program is to reach the people who use the beach and teach them an appreciation for this valuable resource. Whereas most people tend to use the ocean beach, talks and activities usually focus on the bay side in order to present the coastal environment and barrier beach ecosystem as a whole. Programs are purposely diverse to reach people on different levels. Future programs will expand on the subject of natural changes in the geology and biology of the beach. Many visitors express appreciation for the program and say they look forward to each year¹s offerings.
7.7 Mass Beach Buggy Association
The active participation by the Massachusetts Beach Buggy Association (MBBA) on Duxbury Beach enhances the general knowledge of beach users by supplying guidelines for proper beach travel, safety equipment, and beach etiquette. In 2002, the MBBA began offering a driving course to teach people the proper way to drive on the beach. The course includes instruction on the
Duxbury Beach Management and Habitat Conservation Plan Page 7-5 April 2016 necessary equipment and tips to prevent getting stuck. MBBA also sponsors a beach cleanup event in early spring.
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Southerly End of Concrete Seawall
Pedestrian Crossover McLaughlin Cottage Sandfilled By-Pass Land Leased from DBR Pedestrian Crossover 1
Pedestrian Crossover Paved Non-Resident Parking Area Historic Saltmarsh Exposed at Low Tide Pedestrian Crossover
Handicapped Access Ramp
Blakeman’s Pavillion Gravel Emergency Vehicle Access Pavement
Paved Resident Pedestrian Crossover Parking Area Handicapped Access Ramp
Sandfilled By-Pass 2
Emergency Vehicle Access Sandfilled By-Pass
South Parking Area (Paved) POWDER POINT BRIDGE 3 Pedestrian Crossover Powder Point Northerly Limit on ORV Use on Front Beach Northerly Limit on ORV Use on Cobble Area
DUXBURY BAY Cobble Area
Vehicle Access to Cobble Area Pedestrian Crossover
Legend Transect Line Steel Rod Parking Area/ Vehicle Turnaround
Scale 1:8000 Duxbury Beach Reservation VAUTRINOT SURVEYING, INC. 1”=667’ Engineers & surveyors N Town of Duxbury po box 144 plympton, ma 0 250 500 750 1000 Map 1 PH: 781.585.5505 fx: 781.585.5520 Imagery Date 03/11/12 09/06/12 Southerly Limit ORV 4 Use on Cobble Area
First Vehicle Crossover
Area of Dune Repair 2001
Plover Experimental Habitat
Vehicle Access to Back Beach 5
Second Vehicle Crossover Plover Experimental Habitat
6
High Pines
Cudmore Cottage Land Leased from DBR
Plover Experimental 2001 Dune Repair Habitat 7
Vehicle Access to Back Beach
Third Vehicle Crossover
Southerly Limit ORV Use on Front Beach
Legend Transect Line Steel Rod Parking Area/ Vehicle Turnaround
Scale 1:8000 Duxbury Beach Reservation VAUTRINOT SURVEYING, INC. 1”=667’ Engineers & surveyors N Town of Duxbury po box 144 plympton, ma 0 250 500 750 1000 Map 2 PH: 781.585.5505 fx: 781.585.5520 Imagery Date 03/11/12 09/06/12 Plum Duxbury Town Line Plymouth 8
Hills
Parking Access for Lighthouse
Gurnet Gate Guard House
The Gurnet
Fort Andrew 1776
Gurnet Lighthouse
Legend Transect Line Steel Rod Parking Area/ Vehicle Turnaround
Scale 1:8000 Duxbury Beach Reservation VAUTRINOT SURVEYING, INC. 1”=667’ Engineers & surveyors N Town of Duxbury po box 144 plympton, ma 0 250 500 750 1000 Map 3 PH: 781.585.5505 fx: 781.585.5520 Imagery Date 03/11/12 09/06/12