NCLA Asks Court to End WA Dept. of Fish and Wildlife’s Illegal 24-Hour Surveillance of Crab Boats
Sarah Franey; Brent and Mark Young v. Washington Department of Fish and Wildlife; Director Kelly Susewind
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Washington, DC, Nov. 03, 2026 (GLOBE NEWSWIRE) — The New Civil Liberties Alliance has filed a motion asking the Superior Court of the State of Washington for declaratory judgment under Washington’s Administrative Procedure Act in Franey, et al. v. Washington Department of Fish and Wildlife setting aside the Washington Department of Fish and Wildlife’s Electronic Monitoring Program. The program uses GPS technology to constantly track the movements of Dungeness crab fishing boats on every voyage, regardless of its purpose—whenever they have crab pots in the water during the nine-month-long crab season. Joined by local counsel Harry Korrell of Davis Wright Tremaine LLP, NCLA represents local crab fishing boat captains Sarah Franey, Brent Young and Mark Young in this challenge to the unconstitutional scheme, scheduled for an important court hearing on December 15th.
Franey and the Youngs use their boats not only to catch Dungeness crab in the waters of Washington State, but also for personal pursuits like fishing elsewhere, transportation and sightseeing. The Electronic Monitoring Program allows the Department to send their location data to law enforcement and other agencies without a warrant. It also takes hard-earned money out of the crab fishermen’s pockets by requiring them to pay for the electronic monitoring systems and their upkeep on their vessels, despite the program failing to help the government track crab populations or protect wildlife more effectively.
By forcing crab fishermen to send GPS data on their movements and location history to a government agency, the Department violates the Fourth Amendment of the U.S. Constitution and its counterpart in the Washington Constitution, which prohibit unreasonable and warrantless searches. The forced use of portions of the Plaintiffs’ vessels for the monitoring systems and the seizure of the data on their routes and places also takes their property without compensation, defying the Fifth Amendment and the corresponding Washington State law. In addition, the Washington Wildlife Code does not give the Department authority to use the threat of criminal penalties to enforce the arbitrary and capricious Electronic Monitoring Program.
NCLA released the following statement:
“There is no ‘fishing’ exception for illegal 24-hour surveillance regimes under the State and Federal Constitutions, and we hope this regime ends soon.”
— John Vecchione, Senior Litigation Counsel, NCLA
For more information visit the case page here.
ABOUT NCLA
NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights.
Joe Martyak New Civil Liberties Alliance 703-403-1111 joe.martyak@ncla.legal
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