Crab Boat Tracking Program Challenged in Court
Fishing captains ask Washington Superior Court to set aside the state's GPS monitoring of Dungeness crab vessels.
Updated on Nov. 3, 2026 in Law
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The New Civil Liberties Alliance has filed a motion asking Washington Superior Court to set aside the Washington Department of Fish and Wildlife's Electronic Monitoring Program, which tracks Dungeness crab boats with GPS. A court hearing on the challenge is scheduled for December 15.
Why it matters
The program lets the Department share boat location data with law enforcement and other agencies without a warrant, which the plaintiffs argue violates the Fourth Amendment and the Washington Constitution. The case could define how far state monitoring of commercial fishing vessels can reach in Washington.
The monitoring applies across a nine-month Dungeness crab season and covers every voyage during which crab pots are in the water. Crab fishermen must pay for the electronic monitoring systems and their upkeep on their vessels.
The players
New Civil Liberties Alliance
A nonprofit public-interest law firm that litigates constitutional challenges to government action, including privacy and property-rights cases.
Washington Department of Fish and Wildlife
The Washington state agency responsible for managing fish and wildlife resources and the commercial fishing seasons that the monitoring program covers.
The details
The Electronic Monitoring Program uses GPS technology to track crab fishing boats and allows location data to be sent to law enforcement and other agencies without a warrant. The motion was filed under Washington's Administrative Procedure Act, seeking a declaratory judgment, and plaintiffs argue the program also takes property without compensation.
Timeline
- December 15: Scheduled court hearing on the challenge to the monitoring program.
Legal Context
The challenge tests whether the Fourth Amendment's warrant requirement applies to continuous GPS tracking of commercial fishing boats. Plaintiffs also invoke the Fifth Amendment's takings clause, raising questions about whether required monitoring equipment counts as an uncompensated taking of property.
Dungeness crab fishermen operating in Washington must carry and pay for GPS monitoring equipment on every voyage during the crab season. The outcome of the case could determine whether that tracking continues and whether location data can be shared with other agencies without a warrant.
The takeaway
The case asks whether the government may track commercial fishermen continuously without a warrant. Anyone whose work or property falls under similar state monitoring should watch how the December 15 hearing is resolved.
What happens next
A court hearing on the challenge to the Electronic Monitoring Program is scheduled for December 15.
Further reading
For related court challenges and legal developments across the state, see the Law section.
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Should government agencies be allowed to track citizens' GPS locations without a warrant?
