Rejecting government arguments, the panel said that tracking devices are not the type of equipment regulators can require on recreational vessels under a federal fishing regulation law passed by Congress — the Magnuson-Stevens Act.
And it said regulators, in adopting the rule, failed to adequately consider charter operators' concerns that the regulation may violate Fourth Amendment protections against unreasonable searches. While not ruling on the regulation's constitutionality, the opinion written by Judge Jennifer Walker Elrod said it "very likely violated the Fourth Amendment."
The U.S. Court has voted down a new rule requiring charter boats to have tracking devices.
Charter operators have complained that the requirement imposed a costly, needless burden on charter operators. Lawyers for the operators say charter operations account for a tiny percentage of fishing done in the Gulf of Mexico.
Along with Elrod, nominated to the court by President George W. Bush, the case was decided by judges Priscilla Richman, also a George W. Bush nominee; and Andrew Oldham, a nominee of President Donald Trump.
"The rights of all charter boat fishing businesses in the Gulf of Mexico have been vindicated," John J. Vecchione, an attorney with the conservative New Civil Liberties Alliance, said in a news release. The organization had represented charter operators in the lawsuit.
The National Marine Fisheries Service did not immediately respond Friday morning to emailed and phone messages seeking comment.