September 5, 2026 — A federal appeals court said a council created by Congress to help the U.S. commerce secretary manage the nation’s fisheries exercised unconstitutional powers, but refused to strike down a rule limiting the catch of a Gulf of Mexico fish.
• In a 3-0 decision on Thursday, the 11th U.S. Circuit Court of Appeals in Atlanta said the law creating the Gulf of Mexico Fishery Management Council improperly gave that body power to block various actions by the commerce secretary, including repeals of fishery management plans designed to prevent overfishing and ensure sustainability.
• It nevertheless rejected a challenge by two commercial fishermen to a rule limiting the annual catch of gag grouper by an estimated 86%, saying the council’s improper veto powers had nothing to do with that rule.
• The fishermen, Dominick and James Russo, said the rule should be voided because council members were improperly appointed and wielded significant federal authority, violating the U.S. Constitution’s Appointments Clause.