Plaintiffs challenge Amendment 53 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. Amendment 53 increases the recreational sector’s percentage allocation of the Gulf of Mexico red grouper catch limit and, correspondingly, severely decreases the commercial sector’s allocation. Thus, Amendment 53 improperly reduces the total amount of red grouper available for all restaurant users nationally.
April 14, 2023
The Restaurant Law Center filed an amicus brief with the Charter Fishermen’s Association, the National Fisheries Institute, Pappas Restaurants, Inc. and Fortune Fish & Gourmet LLC in support of Plaintiffs-Appellants. Specifically, the Amici Curiae are troubled by the effect this agency action will have on the availability of red grouper to charter fishing customers, restaurant guests, and retail consumers. We argue that Amendment 53 fails to strike a proper balance by reaching a result that increases bycatch and raises uncertainty in the conservation goals of the red grouper fishery without achieving a counterbalancing objective.