November 15, 2021 — A trio of Alaskan fishermen has sued the National Marine Fisheries Service (NFMS)’s Assistant Administrator Janet Coit and Secretary of Commerce Gina Raimondo for a recently announced rule change that will close commercial salmon fishing in the federal waters of Cook Inlet, as SeafoodNews covered on November 4.
The fishermen, Wes Humbyrd, Robert Wolfe and Dan Anderson, argue that the rule, which implemented Amendment 14 to the Fishery Management Plan for the Salmon Fisheries in the Exclusive Economic Zone Off Alaska (Salmon FMP), was unconstitutional.
“This casually destructive rule must be vacated, however, because it violates the Constitution’s Appointments Clause and Take Care Clause. These “essential” structural provisions of the Constitution are accountability-preserving mechanisms,” the complaint from the fishermen wrote. “Their basic function is to ensure presidential control over the agents who exercise executive power on his behalf.