Supreme Court leaves Maine lobster GPS tracking mandate in place
The Supreme Court declined to hear a petition from Maine lobsterman Frank Thompson on Monday. A First Circuit ruling now stands. It found that a GPS vessel-tracking requirement does not violate the Fourth Amendment. Thompson, a fifth-generation lobsterman based on Vinalhaven, argued that the mandate forces constant surveillance of his boat, Fox Island Lobster Company. He said it effectively turns the vessel into a government-issued tracker. His legal team, led by Matthew Gilliam of the Pacific Legal Foundation, maintained that the warrantless installation of the device constitutes an unreasonable search and seizure. The First Circuit upheld the tracking rule under the closely regulated industry exception. This precedent extends beyond fisheries to other regulated sectors. The American Farm Bureau Federation filed an amicus brief supporting Thompson. The group warned that the lower court's reasoning could weaken privacy protections for farmers and ranchers. Maine's Department of Marine Resources implemented the rule in 2023. It acted at the direction of the Atlantic States Marine Fisheries Commission. State officials and conservation groups, including the Conservation Law Foundation, defend the mandate. They say it is necessary to protect endangered North Atlantic right whales and monitor lobster populations. Maine DMR Commissioner Carl Wilson stated in a Monday release that the data collection is critical for the long-term sustainability of the lobster fishery. Thompson said the device collects location data once per minute while moving. It records every six hours while docked. The system tracks him even during personal trips to the mainland. He described the experience as a loss of independence and freedom. Thompson noted that his family has fished from Vinalhaven for generations. Gilliam said he will continue fighting government overreach to protect Fourth Amendment rights for those in regulated industries. Thompson said he remains committed to removing the tracking requirement. He is fighting for the broader community of lobstermen who feel their lifestyle is being eroded by regulations.
The Supreme Court declined to hear a petition from Maine lobsterman Frank Thompson on Monday. A First Circuit ruling now stands. It found that a GPS vessel-tracking requirement does not violate the Fourth Amendment. Thompson, a fifth-generation lobsterman based on Vinalhaven, argued that the mandate forces constant surveillance of his boat, Fox Island Lobster Company. He said it effectively turns the vessel into a government-issued tracker. His legal team, led by Matthew Gilliam of the Pacific Legal Foundation, maintained that the warrantless installation of the device constitutes an unreasonable search and seizure. The First Circuit upheld the tracking rule under the closely regulated industry exception. This precedent extends beyond fisheries to other regulated sectors. The American Farm Bureau Federation filed an amicus brief supporting Thompson. The group warned that the lower court's reasoning could weaken privacy protections for farmers and ranchers. Maine's Department of Marine Resources implemented the rule in 2023. It acted at the direction of the Atlantic States Marine Fisheries Commission. State officials and conservation groups, including the Conservation Law Foundation, defend the mandate. They say it is necessary to protect endangered North Atlantic right whales and monitor lobster populations. Maine DMR Commissioner Carl Wilson stated in a Monday release that the data collection is critical for the long-term sustainability of the lobster fishery. Thompson said the device collects location data once per minute while moving. It records every six hours while docked. The system tracks him even during personal trips to the mainland. He described the experience as a loss of independence and freedom. Thompson noted that his family has fished from Vinalhaven for generations. Gilliam said he will continue fighting government overreach to protect Fourth Amendment rights for those in regulated industries. Thompson said he remains committed to removing the tracking requirement. He is fighting for the broader community of lobstermen who feel their lifestyle is being eroded by regulations.