Justices decline to take up Maine boat monitor case
The U.S. Supreme Court declined to take up a lawsuit challenging a Maine rule requiring commercial lobstermen to use electronic vessel tracking systems. In an unwritten…
(The Center Square) — The U.S. Supreme Court declined to take up a lawsuit challenging a Maine rule requiring commercial lobstermen to use electronic vessel tracking systems.
In an unwritten decision, the high court denied lobsterman Frank Thompson's petition for a writ of certiorari to consider a case against the Maine Department of Marine Resources, claiming that GPS monitoring of private boats violates Fourth Amendment protections. The decision effectively ends the long-running legal fight, upholding a previous federal appeals court ruling rejecting the lawsuit.
Thompson, who was represented by the Pacific Legal Foundation, had claimed the 24/7 surveillance unfairly targets Maine’s federally licensed lobster fleet.
His attorney, Matthew Gilliam with Pacific Legal Foundation, said in a statement that despite its court loss, the group is "committed to fighting for Fourth Amendment protections from government overreach and we will continue to pursue every lawful avenue to protect individual rights."
“Forcing lobstermen to carry a GPS tracker on their private boats and submit to around-the-clock surveillance as a condition of keeping their license remains a serious constitutional concern," Gilliam said.
Federal and state regulations require federally licensed commercial lobster vessels to carry electronic vessel tracking devices as part of stock assessments and fisheries management. Dozens of lawsuits have been filed to help the requirements, none of which have been successful.
Environmental groups like the Conservation Law Foundation support the federal-state monitoring requirements and intervened in the lawsuit in an effort to uphold them. The groups claim that the lobster stock is depleted due to overfishing and have pushed for other restrictions.
“New England’s lobster population has declined dangerously,” CLF Associate Attorney Sarah Shahabi said in a statement. "Tracking lobster boats provides the timely and accurate data that regulators need. This decision is a valuable step toward appropriately managing this iconic species."
A federal judge previously dismissed the lawsuit, and the U.S. Court of Appeals for the First Circuit affirmed that ruling, finding that commercial fishing is a closely regulated industry.
Maine Department of Marine Resources Commissioner Carl Wilson welcomed the ruling, saying the tracking data is crucial to the long-term sustainability of Maine's storied lobster fishery.
“It will inform the lobster stock assessment, enhance offshore enforcement and support better decision-making in a range of federal management contexts,” Wilson said.
The lobster fishery is one of the most valuable in the U.S., and was worth more than $900 million at the docks last year in Maine alone.
This article was originally published by The Center Square.