Here we go again with the "...should know better" comments... Yes, we guaged in the water and out of the water to double check. Consider yourself lucky if your underwater measurements are always perfect (in low vis, current, surge, etc.). Mine always aren't and I typically wind up throwing one back. It's not a violation to come up with a short, just to keep him. The regs require you to immediately return the lobster to the waters from which you took him. As a matter of fact, the ones we put back were technically legal but just over the limit, so we decided to let them grow a bit. On Sunday, my buddy and I got about 18 keepers (outside the harbor). We remeasured on the boat and all were legal, but we only kept the 10 biggest ones, since we didn't need that many in order to keep our wives happy and avoid divorce. Why don't we all try not to read violations into everyone else's posts. Can't we all just get along? (ha).
I also did some more research -- it's my understanding that SOME beachfront owers own to the low tide line, while others might have deeded the property back to the city (as someone else mentioned above). The only way to check would be to do a title search. I don't think anyone wants to know bad enough to do a title search!
I actually had a short conversation with the land owner last week and I agree that he isn't all that bad. I politely asked him why he didn't want divers there. He said exactly what someone else (above) mentioned -- some people are setting up umbrellas, chairs, leaving garbage behind, etc. He said that most of the divers come in ones and twos and don't create a problem -- he doesn't hassle them. But he's worried about dive shop classes coming and taking over, which I can totally understand. I think that this guy isn't a problem as long as we're respectful and nice to him. I suggest minimizing any changing in front of his backyard (no one wants to see that!), not pissing on his property (or in plaing view of anyone for that matter), staying to the right on the rocks, keeping gear together, and maybe throwing him an occassional lobster... I do sympathize with him a little -- he paid $1 million + for that house and shouldn't have to *** my fat *ss squeezing into my wet suit every saturday!