11th Circuit finds Gulf fishery council's veto authority unconstitutional but upholds grouper limit

In a unanimous opinion, the 11th Circuit concluded that the Gulf of Mexico Fishery Management Council’s statutory veto authority over the Commerce secretary breaches the appointments clause of the U.S. Constitution, granting the council final say on fisheries decisions. The case stemmed from a lawsuit by Sarasota-based fishermen Dominick and James Russo, who contested Amendment 56’s drastic reduction of gag-grouper quotas.

While a lower court had previously barred the council’s “pocket vetoes,” the appellate panel affirmed that the council’s veto power is unconstitutional but stopped short of invalidating the grouper rule itself, noting the secretary acted on an advisory proposal rather than a council decision. The judges suggested the narrow remedy is to ignore the veto provisions rather than require Senate-confirmed council members. The ruling mirrors similar findings by two other circuits, reinforcing the view that the council’s current structure is at odds with constitutional requirements.