The council is charged with creating fishery management plans for regulating fisheries, which the U.S. commerce secretary reviews for legality and then decides whether to adopt a regulation to implement the plan.
July 10, 2024 at 06:29 PM
4 minute read
The original version of this story was published on National Law Journal
In a challenge to a federal rule reducing fishing quotas in certain areas, judges on the U.S. Court of Appeals for the Third Circuit weighed Wednesday whether members of the body that approved the regulation were constitutionally appointed.
Judge Marjorie Rendell questioned whether members of the Mid-Atlantic Fishery Management Council wield “significant authority,” which would require Senate confirmation pursuant to the Appointments Clause.
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James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia. Photo: Diego M. Radzinschi/ALM
