Cooperative Federalism and the Fishery Management Appointments Clause Challenge

This episode from the Fifth Circuit Court of Appeals addresses a constitutional challenge to the Gulf of Mexico Fishery Management Council brought by commercial fishers. The plaintiffs argued that Councilmembers were improperly appointed and sought to overturn Amendment 54, which significantly reduced catch limits for Greater Amberjack. While the court found that the Council’s veto power over the Secretary of Commerce constituted an exercise of "significant authority" reserved for federal officers, it resolved the conflict by severing those specific powers. By removing the unconstitutional veto provisions, the court redefined the Councilmembers as advisory employees rather than officers, thereby upholding the existing fishing regulations. Ultimately, the court affirmed the lower court's judgment in favor of the government, maintaining the validity of the Final Rule despite the structural changes to the Council’s authority.