Fishery Management Council Not Validly Appointed, Judge Says (1)

The appointment of members of the Gulf of Mexico Fishery Management Council violated the US Constitution’s appointsments clause, a federal district judge in Alabama said.

But the problematic provisions of the Magnuson-Stevens Fishery Conservation and Management Act, can be severed from the statute, US District Court for the Southern District of Alabama Chief Judge Jeffrey U. Beaverstock said Monday, in a challenge to rule reducing gag grouper catches by more than 80%.

Because the council members have a “pocket veto” over actions by the secretary of commerce, they have significant authority, are principal officers of the US, and should have ...