Notices of Public Hearing (Published 5/09/2025)

Gaming Commission, Massachusetts
205 CMR 3.00

NOTICE OF PUBLIC HEARING

Notice is hereby provided that in accordance with G.L. c. 30A § 2, the Massachusetts Gaming Commission (“Commission”) will convene a public hearing for purposes of gathering comments, ideas, and information relative to the proposed adoption of regulations. The regulations were promulgated pursuant to G.L. c. 128A § 9, as part of the Commission’s regulatory process, and concern the following regulations: 

205 CMR 3.13: Licensee: duties and obligations
The proposed language to Section 3.13(13) would require a warning light system of green, yellow, and red beacon style lights and sirens in the event of an accident and also assigns the duties of the judges to monitor, control and trigger the accident warning lights to indicate to the drivers to proceed with caution if yellow, cease racing if red, and an “all clear” green light to signal for warm ups and live racing to continue.

205 CMR 3.15: Owners
The proposed modification to Section 3.15(3) would place a limit for an owner to have or employ no more than two trainers on the grounds of the Association without approval of the Board of Judges.

205 CMR 3.21: Trainers
The proposed language in Section 3.21(8) would require that the trainer ensures that specific equipment is secured properly, namely the buckles on front hobble hangers and driving line buckles attached to the bit as well as side straps on number pads are required to be taped, for all races.

205 CMR 3.23: Claiming Races
The proposed language in Section 3.23(12) instructs when a claim should be voided if a horse dies on the track or suffers an injury which requires euthanasia of the horse while the horse is on the racetrack.
The proposed language in Section 3.23(13) instructs when a claim is voidable for a period of up to thirty (30) minutes after the race is made official at the discretion of the new owner for any horse vanned off track, sent to the detention barn and observed to be lame, or on the veterinarian’s list for Epistaxis.

205 CMR 3.32: Testing
Proposed language in Section 3.32(3)(k) sets out the different scenarios that can occur when a sample is tested and when there is a request for a split sample. It further clarifies the standard presumption if the referee laboratory is unable to reach a valid testing conclusion or if the split sample was not of sufficient quantity for the referee laboratory to reach a valid testing conclusion.

205 CMR 3.33: Postmortem Examinations
The proposed changes to section 205 CMR 3.33(6) would require a mortality review after the death of a horse, to be conducted by the Director of Racing. The Director of Racing’s primary role would be to gather information surrounding the death of each racehorse and to ultimately arrive, if possible, at conclusions and recommendations to the appropriate entity or person.

Scheduled hearing date and time:

Tuesday, May 27, 2025, at 9:30 AM EST  

Pursuant to chapter 2 of the session acts of 2025, Governor Healey extended a limited relief from certain provisions of the Open Meeting Law which was first implemented to protect the health and safety of the public and individuals interested in attending public meetings during the global Coronavirus pandemic. In keeping with the guidance provided, the Commission will conduct this hearing utilizing remote collaboration technology.

CONFERENCE CALL NUMBER: 1-646-741-5292
PARTICIPANT CODE: 111 754 7773 

A complete copy of the draft regulations referenced above may be downloaded by visiting www.massgaming.com, clicking on ‘Regulations and Compliance’ and selecting the ‘Proposed Rulemaking’ Section. Anyone wishing to offer comments on these regulations can email Melanie.Foxx@massgaming.gov and request the virtual hearing link to appear and speak. Alternatively, written comments may also be submitted to the same email address with ‘Regulation Comment’ in the subject line.
Comments must be received by 5:00 PM EST on May 26, 2025. Additionally, please find the accompanying Small Business Impact Statements in accordance with M.G.L. c. 30A, § 2 attached. 

CMR No.: 205 CMR 3.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 
The Massachusetts Gaming Commission (“Commission”) hereby files this Small Business Impact Statement in accordance with G.L. c. 30A, §2 relative to the proposed amendments to 205 CMR 3.13(13): Licensee: duties and obligations, 205 CMR 3.15(3): Owners, 205 CMR 3.21(8): Trainers, 205 CMR 3.23(12)(13): Claiming Races, 205 CMR 3.32(3)(k): Testing and 205 CMR 3.33(6): Postmortem Examinations, notice of which was filed with the Secretary of the Commonwealth. These amendments were developed as part of the process of promulgating regulations governing harness horse racing in the Commonwealth. This regulation is authorized by G.L. c. 128A, §§ 9 and 9B.
These amendments apply directly to harness horse licensees conducting or participating in racing in the Commonwealth. Accordingly, these proposed regulations are not likely to have a negative impact on small businesses. In accordance with G.L. c. 30A, § 2, the Commission offers the following responses: 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  To the extent that horsemen and barns are small businesses, they may be impacted by these regulations. It is difficult to estimate with accuracy the potential number of small businesses that may be impacted

• State the projected reporting, recordkeeping and other administrative costs required for compliance with the proposed regulation:

  Projected reporting, recordkeeping and other administrative costs are unlikely to change in any material way for compliance with the proposed amendments.

• State the appropriateness of performance standards versus design standards:

  Some of the proposed regulations are design standards and some are performance standards. The design standards are important as they encourage uniformity, while the performance standards provide further clarification regarding the responsibilities and prohibitions of anyone licensed by the Massachusetts Gaming Commission to conduct or participate in Harness Horse Racing in the Commonwealth of Massachusetts.

• Identify regulations of the promulgating agency, or of another agency or department of the commonwealth, which may duplicate or conflict with the proposed regulation:

  There are no conflicting regulations in 205 CMR, and the Commission is unaware of any conflicting or duplicating regulations of any other agency or department of the Commonwealth.

• State whether the proposed regulation is likely to deter or encourage the formation of new businesses in the commonwealth:

  This amendment will most likely not affect small businesses in an administrative capacity and is unlikely to deter or encourage the formation of new businesses in the Commonwealth at this time.

Massachusetts Gaming Commission By:
Melanie D. Foxx
Associate General Counsel
Dated: April 10, 202

Health and Human Services, Executive Office of
101 CMR 421.00, 428.00 & 431.00

NOTICE OF PUBLIC HEARING

Under the authority of M.G.L. c. 118E and in accordance with M.G.L. c. 30A, the Executive Office of Health and Human Services (EOHHS) will hold three remote public hearings on Friday, May 16, 2025, at the respective times listed below, relative to the adoption of amendments to the regulations described below.

Pursuant to M.G.L. Chapter 118E, Section 13D (f/k/a Chapter 257 of the Acts of 2008), EOHHS is required to establish the rates to be paid by governmental units for social service programs. The rates for services in the following three chapters are being updated to include an increase by a cost adjustment factor (CAF) of 3.25%, effective July 1, 2025. The CAF was determined by using baseline and prospective Massachusetts Economic Indicator data from IHS Economics – Fall 2024 Forecast, baseline scenario data. The CAF reflects the period between the rates’ base period (calendar year 2025 Q2) and the prospective period of fiscal years 2026 and 2027. In addition to the FY24 CAF, the rates for all services have been updated to include all staff salaries, benchmarked to the most recent Massachusetts Bureau of Labor Statistics (BLS) wages dated May 2023 at the 53rd percentile. For all services, the administrative allocation has been benchmarked to 12% and the tax and fringe rate has been benchmarked to 24.97%. This benchmark is derived from the MA Comptroller’s FY25 approved rate less terminal leave and retirement. The language in the Severability section has also been updated for consistency across EOHHS rate regulations. 

The proposed regulations contain rates effective for dates of service on or after July 1, 2025. There is no fiscal impact on cities and towns. The projected increase in spending in FY26 will be covered through the Chapter 257 Reserve Account. 

1. 9:00 a.m.: 101 CMR 421.00: Rates for Adult Housing and Community Support Services

   101 CMR 421.00 governs the payment rates for adult housing and community support services provided to publicly aided individuals by governmental units. These services are purchased by the Department of Mental Health.
   The total annualized cost to state government from the proposed amendments to this regulation is approximately $711,000, which represents an increase of 8.74% over FY24 state spending of approximately $8.13 million.

2. 10:00 a.m.: 101 CMR 428.00: Rates for Certain Independent Living Communities and Services

   101 CMR 428.00 governs the payment rates paid by governmental units for certain independent living communities and services provided to publicly aided individuals. These services are purchased by the Massachusetts Commission for the Deaf and Hard of Hearing, MassAbility (formerly the Massachusetts Rehabilitation Commission), and the Department of Mental Health. The total annualized cost to state government from the proposed amendments to this regulation is approximately $848,934, which represents an increase of 10.14% over FY24 spending of approximately $8.36 million.

3. 11:00 a.m.: 101 CMR 431.00: Rates for Certain Respite Services

   101 CMR 431.00 governs the payment rates for certain respite services provided to publicly aided individuals by governmental units. Services with rates established by this regulation are purchased by the Department of Mental Health.
   The total annualized cost to state government from the proposed amendments to this regulation is approximately $5.2 million, which represents an increase of 15.6% over FY24 projected spending of approximately $33.3 million.

To register to testify at the hearing and to get instructions on how to join the hearing online, go to www.mass.gov/info-details/executive-office-of-health-and-human-services-public- hearings. To join the hearing by phone, call (646) 558-8656 and enter meeting ID 935 397 8200# when prompted.

You may also submit written testimony instead of, or in addition to, live testimony. To submit written testimony, please email your testimony to ehs-regulations@mass.gov as an attached Word or PDF document or as text within the body of the email with the name of the regulation in the subject line. All written testimony must include the sender’s full name, mailing address, and organization or affiliation, if any. Individuals who are unable to submit testimony by email should mail written testimony to:
EOHHS, c/o D. Briggs, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Written testimony will be accepted through 5:00 p.m. on Friday, May 16, 2025.
EOHHS specifically invites comments as to how the amendments may affect beneficiary access to care for MassHealth-covered services. 

To review the current draft of the proposed regulation, go to www.mass.gov/infodetails/ executive-office-of-health-and-human-services-public-hearings or request a copy in writing from MassHealth Publications, 100 Hancock Street, 6th Floor, Quincy, MA 02171. 

Special accommodation requests may be directed to the Disability Accommodations Ombudsman by email at ADAAccommodations@mass.gov or by phone at (617) 847- 3468 (TTY: (617) 847-3788). Please allow two weeks to schedule sign language interpreters. 

EOHHS may adopt a revised version of the proposed regulation taking into account relevant comments and any other practical alternatives that come to its attention. 

In case of inclement weather or other emergency, hearing cancellation announcements will be posted on the MassHealth website at www.mass.gov/info-details/executiveoffice- of-health-and-human-services-public-hearings. 

April 25, 2025

CMR No.: 101 CMR 421.00 
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  25

• Will small businesses have to create, file, or issue additional reports?

  No.  

• Will small businesses have to implement additional recordkeeping procedures?

  No.  

• Will small businesses have to provide additional administrative oversight?

  No. Small businesses are not required by 101 CMR 352.00 to provide additional administrative oversight. The proposed regulation establishes the rates to be paid by governmental units for certain children’s behavioral health services.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. The regulation is required by statute under M.G.L. Chapter 118E, Section 13D, and establishes the rates to be paid by governmental units to providers of certain social service programs.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  Yes. The regulation requires providers to periodically file cost data to enable EOHHS to develop rates for certain social service programs. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No. The regulation is not likely to deter or encourage the formation of small businesses in Massachusetts as this regulation establishes rates by which providers of certain social service programs are to be paid when services are purchased by governmental units.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. This cost reporting requirement is applied uniformly to all providers to enable EOHHS to develop accurate rates that reflect cost data from all providers

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. The regulation contains requirements to report cost data to EOHHS to enable EOHHS to develop rates for certain social services. The time frame for cost reporting is applied uniformly to all providers to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No. The agency did not consolidate or simplify compliance or reporting requirements for small businesses. The requirement to report cost data to EOHHS is applied uniformly to enable EOHHS to timely develop accurate rates that reflect cost data from all providers.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. The establishment of rates for certain social service providers by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. The regulation does not have an adverse impact on small businesses. The regulation establishes rates by which certain social service providers are to be paid when services are purchased by governmental units. The establishment of rates for these social services by regulation is a statutory requirement under M.G.L. Chapter 118E, Section 13D.

Housing and Livable Communities, Executive Office of - 760 CMR 67.00

PUBLIC HEARING NOTICE

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed permanent promulgation of emergency amendments to regulation 760 CMR 67.00 – Eligibility for Emergency Assistance (EA), which were adopted effective March 14, 2025, and April 11, 2025. EOHLC’s regulatory authority for this action is provided under St. 2009, c. 4 and M.G.L. c. 23B, as amended by St. 2025, c. 1. In accordance with M.G.L. c. 30A, § 5, the proposed permanent emergency amendments have a minimal or non-existent Small Business Impact. The purpose of the emergency amendments is to immediately adopt the provisions of St. 2025, c. 1 for the Emergency Assistance program (EA). EOHLC proposes to make the emergency amendments permanent.

Written comments on the proposed amendments to the regulation may be submitted at any time before 11:59 PM on May 16, 2025, by sending the same electronicall   to EOHLCRegulationComments@mass.gov , including “Comments on 760 CMR 67” in the subject line.  

Copies of the emergency amendments proposed to be made permanent, and of the proposed regulation amendments are posted on EOHLC’s website at
https://www.mass.gov/infodetails/ eohlc-regulations-current-regulations-and-proposed-amendments .

CMR No: 760 CMR 67.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  None. This regulation affects individual families participating in the Emergency Assistance (EA) program and non-profit organizations contracting with the Executive Office of Housing and Livable Communities (EOHLC) as shelter providers.

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. Performance standards are not appropriate as a basis for eligibility and compliance in the Emergency Assistance program
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No. Emergency Assistance is a unique program created by state statute.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Housing and Livable Communities, Executive Office of -760 CMR 73.00

PUBLIC HEARING NOTICE

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed promulgation of regulation, 760 CMR 73.00 – Petitions for Adoption, Amendment or Repeal of Regulations. EOHLC’s regulatory authority for this action is provided under M.G.L. c. 30A, § 4, M.G.L. c. 23B, M.G.L. c. 40B. In accordance with M.G.L. c. 30A, § 5, the proposed regulation has a minimal or non-existent Small Business Impact. The purpose of the regulation is to prescribe the procedures for the submission, consideration and disposition of petitions of interested persons for the adoption, amendment or repeal of regulations in accordance with M.G.L. c. 30A, § 4.
Written comments on the proposed regulation may be submitted no later than 11:59 PM on May 30, 2025, by sending the same electronically to EOHLCRegulationComments@mass.gov , including “Comments on 760 CMR 73” in the subject line. A copy of the proposed regulation will be posted on EOHLC’s website at https://www.mass.gov/infodetails/ eohlc-regulations-current-regulations-and-proposed-amendments

CMR No: 760 CMR 73.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  None. EOHLC does not anticipate that the regulation will have any impact on small businesses. G.L. c. 30A, s. 4 states “each agency shall prescribe by regulation the procedure for the submission, consideration and disposition of such petitions.” The regulation prescribes the procedures for the submission, consideration and disposition of petitions of interested persons for the adoption, amendment or repeal of regulations in accordance with G.L. c. 30A, s. 4.

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Housing and Livable Communities, Executive Office of - 760 CMR 74.00

PUBLIC HEARING NOTICE

Under the provisions of M.G.L. c. 30A, § 3, notice is hereby given of the proposed promulgation of regulation, 760 CMR 74.00 – Residential Home Inspection Waivers. EOHLC’s regulatory authority for this action is provided under St. 2024, c. 150 § 45; St. 2024, c. 150 § 136A; and M.G.L. c.143, § 101. In accordance with M.G.L. c. 30A, § 5, the proposed regulation has a minimal or non-existent Small Business Impact. The purpose of the regulation is to ensure that sellers of certain residential properties will not condition their acceptance of an offer on the waiver of a home inspection and will not accept offers from buyers who have expressed their intent to waive a home inspection.
Written comments on the proposed regulation may be submitted no later than 11:59 PM on May 16, 2025, by sending the same electronically to EOHLCRegulationComments@mass.gov , including “Comments on 760 CMR 74” in the subject line. A copy of the proposed regulation will be posted on EOHLC’s website at https://www.mass.gov/info-details/eohlc-regulations-current-regulations-and-proposedamendments .

CMR No: 760 CMR 74.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  Real estate professionals will need to be aware of the new requirements under this regulation and potential liability associated with non-compliance.

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.  

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No. Performance standards are not appropriate as a basis for eligibility and compliance in the Emergency Assistance program
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No. Emergency Assistance is a unique program created by state statute.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.

Division of Marine Fisheries
322 CMR 6.00

Notice of Public Hearing and Comment Period
Emergency Regulations to Repeal Pending Lobster Gauge Size and Escape Vent Rules

Under the provisions of G.L. c. 30A, and pursuant to the authority found at G.L. c. 130 §§ 17A, 21, and 104, the Division of Marine Fisheries (DMF) is taking public comment on a series of recently enacted emergency regulatory amendments to 322 CMR 6.02 to repeal pending lobster gauge size and escape vent rules. The emergency regulations outlined below affect commercial and recreational trap fishers. Full text of the regulations may be found on DMF’s website along with additional relevant background information. 

Public Hearing and Comment Schedule

DMF will accept written public comment through 5PM on Friday, May 23, 2025. Please submit written comments to Director Daniel McKiernan by e-mail (marine.fish@mass.gov). Additionally, DMF will host a virtual public hearing on Monday, May 19, 2025 at 6PM via Zoom. Please register here to attend.

Proposed Regulatory Amendments

Lobster Carapace Sizes and Escape Vent Rules (322 CMR 6.02 and 6.31). To have state regulations conform to Addendum XXXII to the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for American Lobster, DMF is proposing to adopt the following measures:

1. Repeal all pending minimum carapace size increases for commercial fishers in Lobster Conservation Management Area 1 (LCMA 1) and recreational fishers in the Gulf of Maine Recreational Area. This will maintain the existing 3 ¼” minimum carapace size.

2. Repeal all pending escape vent size changes for commercial fishers in LCMA 1 and recreational fishers in the Gulf of Maine Recreational Area. This will maintain existing minimum escape vent size of 1 15/16” by 5 3 /4" rectangular or 2 7 /16” diameter.

3. Repeal all pending maximum carapace size changes for commercial fishers in Lobster Conservation Management Area 3 (LCMA3) and Outer Cape Cod (OCCLCMA) and recreational fishers in the Outer Cape Recreational Area. This will maintain the existing 6 ¾” maximum carapace size for LCMA 3 and federal permit holders in OCCLCMA. For state waters-only OCCLCMA fishers and recreational fishers in the Outer Cape Recreational Area there will be no maximum carapace size.

4. Repeal all pending minimum and maximum carapace size standards for seafood dealers. Statewide dealers will have no maximum carapace size and a minimum carapace size of 3 ¼”. Dealers buying directly from commercial fishers are restricted to only buying those lobsters that conform to the LCMA specific minimum and maximum size standards for the commercial fisher.

CMR No.: 101 CMR 421.00 
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  DMF estimates that approximately 1,100 small businesses may be impacted by this proposed regulation

• Will small businesses have to create, file, or issue additional reports?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. No additional reporting is required.

• Will small businesses have to implement additional recordkeeping procedures?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. No No additional record keeping is required.

• Will small businesses have to provide additional administrative oversight?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. No No additional administrative oversight is required.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. No Affected businesses will not have to hire additional employees to comply with the proposed regulation.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. No businesses will not have to professional services to comply with the proposed regulation.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. No capital investment is required.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  Not applicable. The prescribed regulations are required by and designed to comply with federal law at 16 U.S.C. 5100.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No. There are no other duplicative or conflicting state regulations.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  All audits and inspections are done in accordance with M.G.L. c. 130. No additional inspections are required under this amendment.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states. Affected businesses will not have to provide educational services to keep up to date with the requirements.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  Fishing limits and gear modifications are among a number of factors that may impact the formation of new fishing businesses in Massachusetts. As there are a limited number of permits to participate in the impacted fisheries, access to permits is the most substantial barrier to entry, and this regulation alone will not encourage or discourage the formation of new businesses.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  Fishing limits and gear modifications are among a number of factors that may impact the formation of new fishing businesses in Massachusetts. As there are a limited number of permits to participate in the impacted fisheries, access to permits is the most substantial barrier to entry, and this regulation alone will not encourage or discourage the formation of new businesses.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  Yes. This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No. Not applicable. The prescribed regulations do not affect reporting requirements.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  Yes. This rule repeals recently adopted lobster conservation regulations to ensure Massachusetts’ fishing and seafood industry are not at a competitive disadvantage compared to neighboring states.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No. Not applicable. The prescribed regulations are required by and designed to comply with federal law at 116 U.S.C. 5100.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No. e. The prescribed regulations are required by and designed to comply with federal law at 116 U.S.C. 5100.

Public Safety and Security, Executive Office of
322 CMR 6.00

Notice of Public Hearing 

Under the provisions of M.G.L. c. 30A, the Executive Office of Public Safety and Security (EOPSS) will conduct a public hearing for the purposes of gathering comments, ideas, and information concerning (2) new regulations: Serialization of Firearms and Registration of Firearms at 501 CMR 19.00 and 20.00.

Summary of Proposed Amendments:

An Act Modernizing Firearm Laws of Chapter 135 of the Acts of 2024 requires EOPSS, in consultation with the Department of Criminal Justice Information Services, to promulgate regulations governing the registration and serialization of all firearms in the Commonwealth.

Availability of Proposed Amendments:

The proposed regulations may be obtained by visiting the EOPSS website at: https://www.mass.gov/orgs/executive-office-of-public-safety-and-security. A written copy of the proposed regulations may be obtained by e-mailing a request t:
EOPSS Deputy General Counsel John H. Melander, Jr., at John.Melander@mass.gov.

Hearing Details:

The hearing will be held virtually, using the Microsoft Teams platform, on May 28, 2025, from 10 a.m. to 12:00 p.m.
To join, please use the following link: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NmU0YzYzY2UtYWQ2YS00ODdjLWFmOTUtNDk5N2Q4OTQ0ZDY z%40thread.v2/0?context=%7b%22Tid%22%3a%223e861d16-48b7-4a0e-9806- 8c04d81b7b2a%22%2c%22Oid%22%3a%22281c7f88-3318-4602-94e1- 655072aca885%22%7d

 To join via telephone (audio only), dial 857-327-9245
and use the following conference ID: 213153085906, and password: 4FG9Du6U. 

If you are joining by computer, you may need to allow extra time to download Microsoft Teams. While it is not required, you are encouraged to pre-register if you are interested in offering comments at the hearing by sending an email to

Submission of Comments:

Written comments or testimony in advance of the hearing are welcome and may be submitted by e-mail to John.Melander@mass.gov with a subject line stating, “Firearms Comment” or by mail to the:
Executive Office of Public Safety and Security
One Ashburton Place, Room 2133
Boston, MA 02108,
attention John H. Melander, Jr.

Comments received after May 28, 2025, at 5:00 p.m. may not be accepted. All persons desiring to be heard on this matter should join the virtual hearing, and participants shall conduct themselves as if attending the hearing in-person.
EOPSS Deputy General Counsel John H. Melander, Jr., at John.Melander@mass.gov.

CMR No: 501 CMR 19.00
Small Business Impact Statement

(As required by M.G.L. c. 30A §§ 2, 3 & 5) 

• Estimate of the Number of Small Businesses Impacted by the Regulation:

  None

• Will small businesses have to create, file, or issue additional reports?

  No.

• Will small businesses have to implement additional recordkeeping procedures?

  No.

• Will small businesses have to provide additional administrative oversight?

  No.

• Will small businesses have to hire additional employees in order to comply with the proposed regulation?

  No.

• Does compliance with the regulation require small businesses to hire other professionals (e.g. a lawyer, accountant, engineer, etc.)?

  No.

• Does the regulation require small businesses to purchase a product or make any other capital investments in order to comply with the regulation?

  No.

• Are performance standards more appropriate than design/operational standards to accomplish the regulatory objective?

  
  (Performance standards express requirements in terms of outcomes, giving the regulated party flexibility to achieve regulatory objectives and design/operational standards specify exactly what actions regulated parties must take.)

  No.
  

• Do any other regulations duplicate or conflict with the proposed regulation?

  No.

• Does the regulation require small businesses to cooperate with audits, inspections, or other regulatory enforcement activities?

  No.

• Does the regulation require small businesses to provide educational services to keep up to date with regulatory requirements?

  No.

• Is the regulation likely to deter the formation of small businesses in Massachusetts?

  No.

• Is the regulation likely to encourage the formation of small businesses in Massachusetts?

  No.

• Does the regulation provide for less stringent compliance or reporting requirements for small businesses?

  No.

• Does the regulation establish less stringent schedules or deadlines for compliance or reporting requirements for small businesses?

  No.

• Did the agency consolidate or simplify compliance or reporting requirements for small businesses?

  No.

• Can performance standards for small businesses replace design or operational standards without hindering delivery of the regulatory objective?

  No.

• Are there alternative regulatory methods that would minimize the adverse impact on small businesses?

  No.