Lobster License Rules Massachusetts

Hi fellas,

I have been reading and re-reading the Dept of Marine Fisheries website rules for a Resident/Non Resident Lobster license for a week now. I have also called Boston and spoke with a nice young lady who finally said, "You've been very nice. Most people yell at me and slam the phone down. Would you like to speak to my supervisor?". So I did. He was also nice. He tried but finally he said, "You should talk with the Officer on site before going in to see what he wants you to do."

This is crazy. The rules are so illogical and contradictory that they are letting the on-site officer interpret the rules however they choose?


Here is my situation and tell me what you think I should do. I live 1/2 the year in NH. (Drivers license is NH). My mother lives with us 1/2 the year (also in NH) but we all go down the Cape in the Spring, Summer, Fall to stay (her for the summer, us off and on all three seasons...... usually spend 3-4 nights per week down there). My mother OWNS the real estate down on the Cape and is a Massachusetts resident (Drives on a Mass license etc etc).

The licensing paperwork says,
" A Non-Commercial Lobster permit is required to fish for or take lobsters and crabs for personal use. This authorizes the holder and members of the holders' immediate family, residing in the same residence, to fish for and take lobsters using 10-pots only. The immediate family is defined as the spouse, parents, children, grandparents, brothers and sisters of the holder. This permit may be endorsed for diving by the permit holder only. Other family members may purchase additional permits for diving only. Non-residents may obtain this permit if they own at least $5,000 in Massachusetts real-estate, and temporarily reside in a Massachusetts coastal city or town."

Would you think if my mother (83 years old by the way) applies for the Resident license and endorses it ONLY for diving, my 15 year old son and I could dive as immediate family members on that license and catch lobsters just for our family?

If I am missing any information for you to make an opinion, let me know and I'll tell you more but I think I have all the facts down. I just want to do this right but I can't seem to get anyone to interpret the law for me.

HELP!
Thanks

looks like you would have to purchase additional licenses for diving.Also being non resident they may ask for you to hold property in a coastal city/town.

I understand it as its your primary residence (yours happens to be NH). And if you dive for lobsters the license holder is the one who can dive for them (This permit may be endorsed for diving by the permit holder only.) , if you do pots(traps) then your immediate family can collect the pots under that license. and YOU would need to own the land not a family member.

Hope this helps

Scuba-Radar:

I understand it as its your primary residence (yours happens to be NH). And if you dive for lobsters the license holder is the one who can dive for them (This permit may be endorsed for diving by the permit holder only.) , if you do pots(traps) then your immediate family can collect the pots under that license. and YOU would need to own the land not a family member.

Hope this helps

Click to expand...

Here is what I have done and I hope to be LEGAL.......

In doing some estate planning anyway, I have set up the ownership of the house to be 1% me. That covers the $ 5,000 part. I have also talked it over with my family and for the summer (and perhaps longer) we are going to make the house down the Cape our residence. That covers the "intends to reside in a coastal community" part. I think I am now completely legal. I plan on bringing the application to the State next time it is convienient. I think I have to notorize the form first though. I'll let you know how it goes.............

I don't think the rules themselves are illogica; or contradictory, more that you have a somewhat unusual situation.

I wonder how changing your residence from NH to MA affects your taxes ...

Just remember that only the permit holder can hunt for lobsters while diving.