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.