The U.S. Supreme Court is set to decide this month whether to hear a case brought by a Maine lobster fisherman challenging a federal requirement for electronic tracking devices on boats, a decision that could have significant implications for the American commercial fishing industry.
Maine lobsterman Frank Thompson filed a federal lawsuit against the head of his state's marine resources department, arguing that the mandatory installation of a GPS tracker on his boat to maintain his fishing license constituted an unreasonable search and seizure. In 2023, Maine, a state with a critical and historic lobster fishing industry, mandated that all federally permitted lobstermen install such devices to comply with a new U.S. rule aimed at improving data collection.
A federal appeals court denied Thompson's claim last year, leading him to appeal to the Supreme Court. The court is scheduled to review the case on September 28.
"The petition asks whether Maine can force lobstermen to carry government GPS trackers on their private boats, even when they are off the job," said Matt Gilliam, Thompson's lead attorney. "We are hopeful that the court will grant review and address this important Fourth Amendment question."
Many commercial fishing operations in the U.S. are monitored at sea by human observers and electronic devices. Regulators state that this data collection is crucial for maintaining the sustainability and health of both the industry and fish populations. Fishing groups have historically utilized legal challenges to try to curtail monitoring requirements, with varying degrees of success.
Authorities contend that the lobster boat monitoring program is vital for a better understanding of the valuable crustacean's population, which appears to be declining in New England. Carl Wilson, the Maine Department of Marine Resources commissioner, stated last year that data from lobster boats is important for mitigating economic harm to the industry and informing regulatory decisions.
Conservation groups have expressed opposition to efforts to reduce the monitoring of fishing boats at sea, viewing it as essential for the protection of the broader ocean ecosystem. Erica Fuller, senior counsel with the Conservation Law Foundation, commented, "Efforts to overturn a federal appeals court ruling don’t change the fact that New England’s lobster population has declined and fishery managers urgently need reliable and detailed data to respond to the complex issues facing our ocean."
The U.S. lobster industry is primarily based in Maine. Last year, fishermen in the state caught over 78 million pounds of lobster, a figure comparable to the industry's annual catch in the 2000s but a significant decrease from a decade prior when catches often exceeded 120 million pounds annually.