September 10, 2026 — A federal appeals court ruled that the Gulf of Mexico Fishery Management Council has powers it cannot constitutionally exercise under its current structure, but the decision will not overturn a rule that sharply reduced gag grouper catch limits.
The U.S. Court of Appeals for the 11th Circuit issued its unanimous decision Sept. 3 in a case brought by commercial fishermen Dominick and James Russo and their family business, FFC Seafood. The Russos challenged a federal rule that reduced annual gag grouper catch limits by approximately 86 percent.
The brothers have been in commercial fishing in the Gulf for about 30 years and argued that the reduction affected one of their most profitable fisheries.
Rather than challenging the biological basis for the catch limits, the Russos’ case centered on the structure and authority of the Gulf Council. They argued that council members exercise significant federal authority without being appointed in accordance with the Constitution’s Appointment Clause and are improperly insulated from removal.