Maine Lobstermen Stand Against A Stunning Electronic Tracking System

Maine Lobstermen Are Fighting Back.

Maine Lobstermen are taking a bold stance to challenge a recently introduced electronic tracking system, which they believe infringes upon their constitutional rights. This legal battle has found its way to the U.S. District Court for the District of Maine, supported by the Sustainable Maine Fishing Foundation, a nonprofit affiliated with the Maine Lobstering Union. The lobstermen are deeply troubled by the potential implications of these new rules on their cherished right to privacy, prompting them to seek representation from the respected Portland law firm McCloskey, Mina, Cunniff & Frawley LLC.

The Controversial Regulations

The controversy stems from regulations set in motion by the Maine Department of Marine Resources on December 15, 2023. These regulations dictate that lobstermen holding federal permits must install electronic trackers on their boats, continuously monitoring their movements. The Maine Lobstering Union has strongly urged the Department of Marine Resources to delay the implementation of these rules, likening them to intrusive “warrantless tracking.”

Privacy Concerns vs. Conservation Goals

A primary concern among the lobstermen is the potential exposure of their fishing locations and closely guarded trade secrets if the tracking data were to become public. On the other side of the debate, regulators argue that this data is indispensable for monitoring interactions with endangered North Atlantic right whales and other marine species, as well as comprehending fishing patterns.

The Lobstermen’s Stance

In response, the lobstermen argue that this tracking system not only violates their constitutional rights but is also unwarranted and unjust. They stress that the lobstering industry has a long history of responsible stewardship of the ocean ecosystems that sustain their livelihoods for generations.

A Clash Over Approaches

While the lobstermen express their support for “dynamic management” and other measures to protect the lobster fishery and marine wildlife, they vehemently oppose the Department of Marine Resources’ approach to deploying, monitoring, and enforcing the tracking program.

A Glimpse of Hope

Marine Resources Commissioner Patrick Keliher had previously expressed hope, suggesting that dynamic management could offer an alternative to more stringent federal regulations aimed at protecting right whales. This development comes in the wake of protests from Maine lobstermen, leading Congress to impose a six-year moratorium on new federal regulations for right whale protection in 2022.

In their statement, the lobstermen voice their concerns, emphasizing, “Unfortunately, the recent rules enacted by the Department of Marine Resources have conflated the legitimate objectives of a monitoring program with what the Plaintiffs contend are blatantly unconstitutional intrusions into the personal and commercial privacy of Maine’s lobstering men and women.”