Federal Appeals Court Mandates NOAA Review of Gulf of Mexico Red Grouper Quota Allocations
A U.S. federal appeals court has mandated NOAA to reassess the red grouper reallocations enacted following its Amendment 53 decision issued in May 2022.
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In March 2024, the Washington D.C. Circuit Court of Appeals overturned a previous ruling and directed NOAA's National Marine Fisheries Service (NMFS) to reassess Amendment 53, which had been implemented in June 2022. This amendment had prompted commercial fishermen in the U.S. Gulf of Mexico to sue NMFS, alleging that the reallocation of red grouper catch shares unfairly favored the recreational-fishing sector. The court raised concerns about the amendment's compliance with federal fisheries management law, particularly National Standards 4 and 9, emphasizing the need for NMFS to provide clearer reasoning behind its decisions. Judge Judith W. Rogers highlighted the necessity for NMFS to justify how the reallocation promotes conservation and minimizes bycatch, urging a more thorough examination of bycatch minimization measures.