The U.S. Supreme Court will decide later this month whether to hear a challenge by a Maine lobsterman to a state requirement that commercial fishing boats install GPS tracking devices.
The case, brought by Frank Thompson, a federally permitted lobsterman, centers on a 2023 Maine rule mandating electronic monitoring for all lobster boats to comply with federal data collection standards. Thompson filed a federal lawsuit against the head of the state’s marine resources department, arguing that the GPS tracking constitutes an unreasonable search and seizure under the Fourth Amendment.
A federal appeals court rejected Thompson’s claim in 2023, prompting his appeal to the Supreme Court. The high court is scheduled to review the petition on September 28, with a decision on whether to hear the case expected shortly after.
Legal and Industry Context
Thompson’s legal team, led by attorney Matt Gilliam, argues that the requirement forces lobstermen to carry government tracking devices on private boats even when not actively fishing. The petition asks whether Maine can impose such monitoring without violating constitutional protections.
Regulators, however, contend the program is essential for data collection to assess lobster populations in New England, where the crustacean’s numbers appear to be declining. The Maine Department of Marine Resources has stated that the tracking data helps mitigate economic harm to the industry by ensuring sustainable fishing practices.
Broader Implications for Commercial Fishing
The Supreme Court’s decision could have far-reaching consequences for the U.S. commercial fishing sector, which has long faced monitoring requirements. Electronic tracking and human observers are already used to collect data on catch limits, species health, and compliance with conservation measures.
Fishing industry groups have historically challenged such mandates in court, with mixed results. The outcome of Thompson’s case may set a precedent for future disputes over government surveillance in commercial fishing.
State Response
A spokesperson for the Maine Department of Marine Resources declined to comment on the pending Supreme Court review. Last year, department commissioner Carl Wilson emphasized the importance of the data in protecting the lobster industry amid environmental concerns.