ELR Citation: 54 ELR 20160
No(s). 1:24-cv-00001-JAW (D. Me. Nov 21, 2024) (Woodcock, J.)

A district court granted the Maine Department of Marine Resources' motion to dismiss a challenge to its rule that compels federally licensed lobstermen to install a tracking device on their fishing vessels. The lobstermen challenged the rule under the Maine Administrative Procedure Act (MAPA) and on federal and state constitutional grounds, arguing it violated their right to be free from unreasonable searches and seizures and right to equal protection under the law. The Department moved to dismiss for lack of subject matter jurisdiction and failure to state a claim. The court found the MAPA claim was barred by state sovereign immunity and that the tracker requirement articulated in the rule was "necessary" to advance the long-term health and stability of the Maine lobster fishery. It dismissed the MAPA claim for lack of subject matter jurisdiction and dismissed the Fourth Amendment and equal protection claims for failure to state a claim.