Saving Seafood

US Court Says Gulf of Mexico Fishery Council Has Too Much Power, but Overfishing Rule Can Stand

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.

Read the full article at U.S. News

Gulf Fishermen Lose Fight Against Deep Grouper Cuts After Georgia Court Battle

September 5, 2026 — Commercial fishermen hoping to overturn massive catch cuts in the Gulf of America just hit a wall in federal court.

Longtime Gulf fishermen Dominick and James Russo took the federal government to court after fishery managers slashed gag grouper harvest limits by roughly 86 percent. The family-run business, FFC Seafood, argued that the steep restrictions took a huge bite out of their income and should be thrown out because the Gulf Fishery Management Council is unconstitutionally structured.

On September 3, a panel for the Eleventh Circuit Court of Appeals in Georgia agreed with the fishermen on one major point: parts of the federal law do give the Council unconstitutional powers. Under the Magnuson-Stevens Act, Council members hold special veto powers over the Secretary of Commerce, even though they aren’t nominated by the President or confirmed by the Senate.

The catch? None of those veto powers were actually used to put the grouper cuts in place.

Read the full article at Tampa Free Press

Fishermen seek to sink grouper limit at 11th Circuit

Two Florida-based fishermen asked the 11th Circuit Thursday to strike down a regulation limiting commercially caught gag grouper, arguing a regional fishery management council did not have the constitutional authority to implement the restrictions.

In 2024, Dominick and James Russo, who own FFC Seafood in Sarasota, Florida, sued the U.S. Department of Commerce and the National Marine Fisheries in Alabama federal court over Amendment 56. The Gulf of Mexico Fishery Management Council — a regional body made up of state-level appointees — crafted the rule, which cut quotas for gag group by 85%. The federal agencies approved and promulgated the regulation.

The 1976 Magnuson-Stevens Fishery Conservation and Management Act created eight regional fishery councils responsible for submitting management plans to the commerce secretary to set catch limits and prevent overfishing in federal waters. The statute gives the councils, made up of members appointed at the state level, the power to veto certain decisions by the secretary that change catch limits or reject the councils’ management plans.

The brothers contend that despite exercising “significant” federal control of the fisheries, the members of the council are not appointed by the president or confirmed by the Senate, making their decisions unconstitutional under the appointments clause of the U.S. Constitution.

Read the full article at Courthouse News Service

Commercial fishermen concerned recreational fishing is leading to overfishing

May 13, 2022 — Cobia, Lane Snapper, Greater Amberjack, Gag Grouper, and Gulf of Mexico Jacks Complex — these are all fish you can catch out in the Gulf of Mexico. Many of you have probably eaten, any, or all these fish, but they’re also being overfished, or close to it, according to NOAA, and its annual report on American fisheries.

This report has some commercial fisherman concerned about their own livelihood, and what they say is the lack of oversight for recreational fishing.

“There are plenty of fish out here to be caught,” said Captain Matt Sexton for the Small Shellfishing vessel. “Everyone should have equal chance to catch fish out here, but there are a lot of rules and regulations that are going on that are not fair to the commercial fishermen.”

Those same concerns were repeated by boat captains readying their boats for their next trip.

Read the full story at Fox 4

 

NORTH CAROLINA: Changes made to MFC citation program criteria

April 26, 2021 — The North Carolina Division of Marine Fisheries will make several changes to its Saltwater Fishing Tournament criteria effective May 1.

The tournament, popularly known as the Citation Program, is not a competition but a longstanding certification program that recognizes outstanding saltwater catches. Catches that meet minimum weight or release length requirements, along with other qualifications, are eligible for an 8½-by-11-inch citation (certificate) that is suitable for framing.

Changes to the requirements:

  • Atlantic bonito and striped bass will no longer be eligible for citations.
  • Atlantic croaker will be eligible for a citation at 1 pound, 8 ounces.
  • Black drum will only be eligible for a release citation. The minimum release length will remain 40 inches.
  • Gag grouper will be the only species eligible for a grouper citation. The minimum weight will remain 20 pounds.
  • Sea mullet will be eligible for a citation at the minimum weight of 2 pounds.
  • Sharks will only be eligible for a release citation. The minimum release length will remain 80 inches.
  • Gray tilefish a will be eligible for a citation at the minimum weight of 12 pounds.
  • Blackfin tuna will be eligible for a citation at the minimum weight of 25 pounds.

Read the full story at The Coastland Times

SAFMC Scientific and Statistical Committee Meeting April 27-29 and May 3, 2021

April 19, 2021 — The following was released by the South Atlantic Fishery Management Council:

The South Atlantic Fishery Management Council’s Scientific and Statistical Committee will hold a multi-day meeting via webinar later this month to review recent stock assessments for Red Snapper, Tilefish and Gag Grouper and provide recommendations for consideration by the Council. Each of the eight regional fishery management councils in the U.S. has a Scientific and Statistical Committee (SSC) responsible for developing fishing level recommendations and reviewing the scientific basis of council management plans and actions.

The latest stock assessment for South Atlantic Red Snapper was completed through the Southeast Data, Assessment and Review (SEDAR) stock assessment process and made available in March 2021. During its meeting, the SSC will review the assessment and consider whether the results are useful for providing management advice and developing fishing level recommendations for the Council.

An SSC may use the information from the Stock Assessment Report as the basis for providing fishing level recommendations or request additional analyses be conducted.

Fishing level recommendations include an Overfishing Limit and the Acceptable Biological Catch. An overview of the Red Snapper Stock Assessment will be provided to the SSC by NOAA Fisheries Southeast Fisheries Science Center on Tuesday, April 27th.

In addition to Red Snapper, the SSC will review stock assessments and provide fishing level recommendations for Tilefish (golden Tilefish) and Gag Grouper. The SSC will also provide guidance on the Council’s “Decision Tree” approach to allocations, the South Atlantic Research and Monitoring Plan and other agenda items.

Recommendations from the SSC will be provided to the South Atlantic Fishery Management Council during its June 14-18, 2021 meeting scheduled via webinar.

The briefing book materials for the April 27-29 and May 3, 2021 SSC meeting, including the meeting agenda and overview, presentations, reports, webinar registration information and an online public comment form are now available from the Council’s website.

Click here to register now for the meeting via webinar and receive email reminders as the meeting dates approach.

Reminder: New Year Brings Changes to Federal Fishing Regulations

December 28, 2020 — The following was released by the South Atlantic Fishery Management Council:

Fishermen are reminded that several changes to federal fishing regulations occur beginning January 1st as we ring in 2021 (and gladly bid 2020 farewell). The first day of January begins a new fishing year for some species in the snapper grouper management complex.

The South Atlantic regulation changes apply to federal waters ranging from 3 to 200 nautical miles offshore of NC, SC, GA, and the east coast of Florida.

For example, a spawning season closure for shallow-water grouper goes into place each year to help protect species such as Gag Grouper, Red Grouper, Scamp, Red Hind, Yellowmouth Grouper, and others. The shallow-water grouper season will reopen May 1, 2021 with the exception of Red Grouper off the coast of North Carolina and South Carolina, which reopens June 1st. Some other snapper grouper species will reopen for harvest January 1st.

See the Regulations Summary (click the image) available from the South Atlantic Fishery Management Council for changes effective January 1, 2021. To keep up with federal regulations and changes throughout the year (recreational and commercial), download the free FishRules mobile app.

Additional regulation information and other helpful resources are available from the Council’s website at: https://safmc.net/regulations/.

Best Wishes for a Happy and Healthy New Year!