The U.S. Supreme Court has declined to hear a case that argued against 24/7 GPS monitoring of the Maine's lobster fishing fleet.
In 2023, Maine began requiring commercial lobstermen in the state to install GPS monitoring devices that would enable 24/7 tracking of the vessels – a move called for by the Atlantic States Marine Fisheries Commission. Soon after, lobstermen sued, calling it a violation of both the fourth and 14th amendments of the U.S. Constitution.
That case was met with a dismissal in district court in 2024, and the petitioners later filed with the Court of Appeals for the First Circuit for another chance – which was again denied. The lobstermen then petitioned the U.S. Supreme Court to hear the case, but the court decided on 5 October to deny the petition.
The decision was welcomed by groups like the Conservation Law Foundation, which filed an amicus brief arguing in favor of tracking lobster boats.
“New England’s lobster population has declined dangerously,” CLF Associate Attorney Sarah Shahabi said. “Tracking lobster boats provides the timely and accurate data that regulators need. This decision is a valuable step toward appropriately managing this iconic species.”
Maine Department of Marine Resources Commissioner Carl Wilson issued a statement following the decision, which brings a conclusion to the lawsuit over monitoring.
“DMR continues to believe this data collection requirement is critically important to the long-term sustainability of the lobster fishery and resource,” Wilson said. “It will inform the lobster stock assessment, enhance offshore enforcement, and support better decision-making in a range of federal management contexts.”
Tracking on board fishing vessels has faced a complicated series of lawsuits in multiple fisheries in recent years. Dungeness crab fishers in the U.S. state of Washington sued over similar GPS surveillance of their fishing vessels, a case which is still ongoing. That case, brought by the New Civil Liberties Alliance (NCLA), followed up on a similar one the alliance brought about GPS surveillance of charter fishing boats.
Rules about monitoring fishing activity were also central to the overturning of the Chevron deference, when the U.S. Supreme Court ruled in favor of plaintiffs who argued requirements to carry at-sea monitors to observe their operations were onerous due to the cost.
