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US appeals court removes regional fishery management councils’ pocket veto powers

October 4, 2024 — A U.S. appeals court has ruled that regional fishery management councils can no longer exercise pocket vetoes, meaning that they cannot selectively enforce decisions made by NOAA Fisheries or the office of U.S. Secretary of Commerce Gina Raimondo.

The ruling is a partial victory for commercial fishers Raymond Lofstad and Gus Lovgren, who sued the Mid-Atlantic Fishery Management Council for how it divvied up catch allocations of summer flounder, scup, and black sea bass between commercial and recreational fishermen in 2022.

Read the full article at SeafoodSource

Secretary Ross appoints Regional Fishery Management Councils for 2019

July 1, 2019 — Commerce Secretary Wilbur Ross announced the 2019 Regional Fishery Management Council appointments on Thursday, a move that was applauded by the recreational boating and fishing communities.

The appointments include Scott Lenox, Tim Griner, Dr. Tom Frazer, Troy Williamson, Peter Hassemer, Marc Gorelnik, Cora Campbell and Nicole Kimball.

A coalition of recreational and fishing groups said the new appointees have a “proven ability to balance all factors in complicated fishery management decisions.”

“These appointments are an important step forward for America’s recreational fishing and boating community, and we’re grateful that the Department of Commerce continues to move in the right direction on this issue,” said Center for Sportfishing Policy president Jeff Angers in a statement.

The Regional Fishery Councils are “where the rubber meets the road” in terms of federal marine fisheries management, said American Sportfishing Association government affairs vice president Mike Leonard.

“While the overall balance of the councils still skews toward commercial fishing despite the two sectors being on par with each other economically, we appreciate Secretary Ross making continued progress in addressing this historic inequity,” said Leonard.

Read the full story at Trade Only Today

Statement by the President on the Modern Fish Act

January 4, 2019 — The following was released by the White House on December 31, 2018:

Today, I have signed into law S. 1520, the “Modernizing Recreational Fisheries Management Act of 2018” (the “Act”). The Act, however, further strengthens the Regional Fishery Management Councils, which were first established by the Magnuson-Stevens Act of 1976 to promulgate fishery management plans. The power of these Councils has steadily increased over time, raising constitutional concerns related to the manner of the appointment and removal of their members and of members of certain scientific and statistical committees that assist them. Keeping with past practice of the executive branch, my Administration will treat the plans promulgated by the Council as advisory only; the adoption of the plans will be subject to the discretion of the Secretary of Commerce as part of the regulatory process described in section 304 of the Magnuson‑Stevens Act.

DONALD J. TRUMP

Read the statement here

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