Maine Lobsterman Vows to Fight GPS Tracking After Supreme Court Rejection
Fifth-generation lobsterman Frank Thompson continues legal battle over GPS tracking mandate.
The Brief
- Supreme Court declined to hear Thompson's challenge to GPS tracking requirement.
- Thompson claims tracking device violates Fourth Amendment rights.
- Maine DMR maintains tracking is necessary for whale protection and industry sustainability.
Frank Thompson, a fifth-generation Maine lobsterman, vowed to continue his legal fight against a GPS tracking mandate after the Supreme Court rejected his appeal. Thompson, who owns Fox Island Lobster Company, has been in a years-long battle over the device, which he claims infringes on his Fourth Amendment rights.
The GPS tracking requirement, mandated by the Maine Department of Marine Resources, requires lobster boats to carry a small electronic box that records location data once per minute while moving and every six hours while docked. Thompson argues the device collects data even during personal trips, raising privacy concerns.
Thompson's attorney, Matthew Gilliam, argued that the mandate infringes on Fourth Amendment rights because it constitutes a warrantless search and seizure. Gilliam said the tracking requirement forces lobstermen to carry the devices as a condition of earning a living and keeping their lobster license.
Maine DMR implemented the rule in 2023 at the direction of the Atlantic States Marine Fisheries Commission. State officials and conservationists support the mandate as necessary to protect endangered North Atlantic right whales and monitor lobster populations.
A federal lawsuit by Thompson and four other lobstermen was dismissed, and the First Circuit upheld that decision, finding the tracking requirement does not violate the Fourth Amendment under an exception for closely regulated industries. Thompson's case was supported by the American Farm Bureau Federation, which argued the ruling could weaken Fourth Amendment protections for farmers and ranchers.
Despite the Supreme Court's decision, Thompson remains determined to remove the tracking requirement. He said the government is treating lobstermen unfairly and warned that continued regulations could ruin the industry. Thompson emphasized that lobstermen are taking care of the resource but are not receiving credit for their efforts.
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