March 3, 2026 — The federal government had no right to impose severe limits on how much haddock New England fishermen can catch, a fishermen’s group told the First Circuit Monday, but the judges seemed uncertain, peppering both sides with sharp questions over constitutional authority.
The New England Fishery Management Council, created by Congress in the 1970s to oversee commercial fishing operations, infuriated local fishermen in 2023 by slashing haddock catch limits by more than 80% while placing additional restrictions on hake and cod.
A fishermen’s group sued, claiming the council was unconstitutional because it wasn’t subject to executive branch control as required by the appointments clause. Although council members exercise federal authority, they’re selected by state officials, not federal officials, and most can be removed only by a two-thirds vote of fellow members.
A federal judge in Maine agreed the council was unconstitutional, but he tried to remedy the problem by rewriting the law to limit the members’ powers, which would make them employees rather than federal officers. And he left the catch limits in place — finding that while the limits harmed fishermen’s livelihoods, they didn’t amount to “significant” federal action.
At oral argument, the judges struggled to determine whether the council members were officers who exercised significant federal authority and whether that meant the haddock rule must be struck down.