Privacy Issues Surrounding the Tracking and Sharing of Boat Movement Information as Part of Invasive Species Prevention Programs

Abstract

In 2007, quagga mussels were discovered in Lake Mead. Since then, quagga and zebra mussels have been detected at several other lakes and rivers in the southwestern United States. Because of the serious ecological and economic problems that the mussels create, all Western states have developed inspection and decontamination stations to help stop the spread of these invasive species to new bodies of water. The locations of these inspection stations vary and not every boat will pass through an inspection station; therefore, states need more information about the movement of boats, particularly boats leaving high-risk areas. An electronic tracking and information-sharing database is one way that states could gain the needed information regarding the movement of boats. However, legal and practical challenges hinder the ability to utilize such a system. The Fourth Amendment and the Privacy Act of 1974 both create legal obstacles to the electronic tracking of boats and sharing of that information. Further concerns exist about funding and the possibility that the government may use a boater’s location for purposes other than preventing the spread of mussels. However, there are other ways to achieve the state’s goals. For instance, a banding program in which a color-coded band is placed on a boat when it is decontaminated would allow inspectors to know where a boat is coming from and whether it is at high risk for being infested, while at the same time reducing privacy concerns.