In Maine, a lobsterman named Frank Thompson is determined to keep fighting after the Supreme Court decided not to hear his challenge regarding a GPS tracking requirement for boats. He believes this mandate poses a serious threat to a traditional way of life that has been passed down through generations and could extend its impact to other industries, too.
Thompson, a fifth-generation lobsterman from Vinalhaven, shared how he has been setting traps and bringing in lobsters for decades. Now, he feels that the GPS tracking requirement has turned his beloved boat into a government-controlled, ever-watched entity, likening it to a “24/7 ankle bracelet.” This has ignited a prolonged legal dispute over the implications for privacy and Fourth Amendment rights.
“This is totally against the Fourth Amendment. Someone needs to hear us out,” Thompson expressed. He argues that the black box required on his boat is not just a harmless device; it’s intrusive, and he does not see himself as a criminal.
Earlier this month, while Thompson was out fishing, he received a text from one of his sons informing him that the Supreme Court had decided against reviewing his case, thereby upholding a First Circuit ruling. This ruling stated that the GPS requirement does not infringe on Fourth Amendment rights because lobstering is a heavily regulated field.
Thompson, who runs Fox Island Lobster Company with his family, described the drastic changes the GPS mandate has caused in his life. He noted that the tracking device records his location every minute while he’s on the move and every six hours while docked. More worryingly, he mentioned that it collects information even during his personal outings, which he finds unsettling. Whether he’s heading to the mainland or enjoying a family picnic, the notion of being constantly monitored gives him “a creepy feeling” about who might be watching.
“Freedom is gone. What else can they do to us?” he lamented. He added that his connection to fishing runs deep, recalling that he was taken out on a boat just two days after he was born. Today, he hopes to pass that legacy on to his sons and grandchildren.
Thompson likened the excitement of hauling up a trap full of lobsters to the joy of unwrapping a Christmas gift, saying, “This is what I like.” His attorney, Matthew Gilliam from the Pacific Legal Foundation, argued that the trackers are mandatory for those earning their living through lobstering, which raises concerns about warrantless surveillance violating the Fourth Amendment.
The Maine Department of Marine Resources implemented this rule in 2023 at the request of the Atlantic States Marine Fisheries Commission. Proponents, including state officials and conservationists, argue that it’s vital for the protection of endangered North Atlantic right whales and for sustaining the lobster industry.
Thompson feels deceived, claiming, “They say it’s for the whales, but the government is lying, and I’m not a criminal.”
Shortly after the tracking requirement came into effect, Thompson and four fellow lobstermen filed a federal lawsuit against it, stating that it imposed tracking without consent. However, a federal judge dismissed the lawsuit, and the U.S. Court of Appeals for the First Circuit agreed, citing that the tracking is permissible for closely regulated industries.
Thompson believes this situation could have broader implications beyond the lobster industry. He mentioned that the American Farm Bureau Federation backs his Supreme Court appeal, illustrating concerns about the weakening of Fourth Amendment rights for farmers and others in regulated sectors.
“Everybody carries cell phones—so they can track us if they want. But putting a black box on a tractor to monitor time in the fields? That’s just stripping away our independence,” he stated.
While the Farm Bureau supported Thompson’s challenge, the Conservation Law Foundation, which had submitted a brief favoring the GPS requirement, praised the Supreme Court’s decision not to intervene.
Maine’s Department of Marine Resources reiterated its belief in the necessity of the GPS requirement, asserting that it’s crucial for the long-term sustainability of the lobster fishery. Gilliam emphasized that despite the setback, lobstermen should not surrender their privacy rights for simply doing their job.
Thompson is still seeking answers about why the government seems to view lobstermen with suspicion. “We’re just out there trying to make a living and maintain the resource. We do so much to protect it, and yet we get no acknowledgment,” he reflected.
He cautioned that if such government regulations spread to more fisheries, it could “ruin us.” Thompson’s passionate plea is that decision-makers need to think more carefully about these rules and their consequences on a lifestyle that has sustained families for generations.
Looking ahead, Thompson plans to continue collaborating with his legal team to eliminate the tracking requirement. “I’m fighting for everyone, not just for me,” he stated. “This is about freedom for all of us.”
