Court Rules Trackers on Federal Lobster Boats are Legal

In late November, the U.S. Court of Appeals for the First Circuit in Boston rejected an argument that requiring electronic trackers on federal lobster boats was unconstitutional. The court found that the continuous tracking requirement for a closely regulated industry did not violate a lobsterman’s constitutional rights. The ruling upheld a lower court’s dismissal of the lawsuit brought against the Department of Marine Resources (DMR) in December 2024 by five lobstermen.

Maine implemented the Atlantic State Marine Fisheries Commission (ASMFC) regulations in late 2023. The electronic devices transmit location data which provides regulators with more precise information about the lobster fishery, and potential interactions with critically endangered right whales.

The trackers must be on whenever a vessel is in the water. A key argument of this court case was that lobstermen should not be subject to monitoring at all times because they often use their lobster boats for personal purposes in addition to commercial fishing.

In November 2024, Judge John Woodcock in Bangor ruled against the lobstermen in their suit against DMR, based in part on jurisdictional issues. However, he wrote that the lobstermen had raised important Fourth Amendment questions and encouraged them to appeal the case.

The appeal was unsuccessful.

The Maine Lobstermen’s Association acknowledges that we have entered a new era in which the lobster industry is being asked to provide managers with the data necessary to support responsible and effective marine resource management, but has opposed around-the-clock tracking of lobster boats. “The MLA has voiced strong opposition to the continuous, 24/7 tracking requirement because Maine lobstermen use their vessels for personal activities as well as commercial fishing,” the association said in a statement.

“The confidentially held data provided by lobster fishing vessels will improve stock assessment, enhance offshore enforcement, and inform management decisions, particularly where an accurate understanding of the fishery’s footprint can be used to mitigate economic harm to the industry,” Department of Marine Resources Commissioner Carl Wilson said.