Vinalhaven, Maine – Fifth‑generation lobsterman Frank Thompson is not giving up his legal battle after the U.S. Supreme Court declined to hear his challenge to a state‑mandated GPS tracking requirement for lobster vessels. Thompson, who runs Fox Island Lobster Company with his wife and two sons, argues the electronic “black box” installed on his boat violates the Fourth Amendment and turns his livelihood into constant government surveillance.
Background of the tracking mandate
In 2023, the Maine Department of Marine Resources (DMR) adopted a rule, at the direction of the Atlantic States Marine Fisheries Commission, that requires all federally licensed lobster boats in the state to carry a small electronic device. The device records the boat’s location once per minute while underway and every six hours while docked. DMR says the data helps protect the endangered North Atlantic right whale, monitor lobster populations and ensure the long‑term sustainability of the fishery.
Legal challenge and recent court action
Thompson and four other lobstermen filed a federal lawsuit claiming the tracking system subjects them to warrantless monitoring. A district court dismissed the case, and the First Circuit Court of Appeals upheld that decision, holding that the fishing industry is a closely regulated sector and therefore an exception to the Fourth Amendment applies. The lobstermen appealed to the Supreme Court, which on Monday declined to grant certiorari, leaving the First Circuit ruling in place.
“This is totally against the Fourth Amendment, and somebody’s got to hear it one way or another,” Thompson told Fox News Digital. “This black box that they’re putting aboard the boat is not legal, in my mind, and I’m not a criminal.”
Impact on lobstermen and broader concerns
Thompson says the device continues to collect data even during personal trips, giving him a “creepy feeling” about who may be watching. He worries the precedent could extend to other regulated industries. The American Farm Bureau Federation filed an amicus brief supporting Thompson, warning that similar tracking could be imposed on tractors and other farm equipment, eroding farmers’ independence.
Conservation groups, including the Conservation Law Foundation, argue the rule is essential for managing the lobster fishery and protecting whales. CLF associate attorney Sarah Shahabi called the Supreme Court’s refusal to hear the case “a valuable step toward appropriately managing this iconic species.”
State response
DMR Commissioner Carl Wilson reaffirmed the agency’s position, stating the data collection requirement is “critically important to the long‑term sustainability of the lobster fishery and resource.” He emphasized that the rule balances economic interests with environmental stewardship.
Next steps
Thompson’s attorney, Matthew Gilliam of the Pacific Legal Foundation, said the fight is far from over. “Lobstermen and others have Fourth Amendment protections and we’ll continue fighting against government overreach,” he said.
Thompson added, “I’m fighting for everybody, not just myself. I’m fighting for freedom for everybody.” He plans to keep pursuing legal avenues to have the tracking requirement removed, arguing that it threatens a way of life that has sustained his family for generations.
Original reporting: Fox News (HLL/CB) — read the source article.
