WASHINGTON (Saving Seafood) Nov. 29, 2012 – New Bedford City Solicitor John A. Markey, Jr. has written to supporters and plaintiffs in the wake of yesterday's ruling by United States Court of Appeals for the First Circuit against the cities of New Bedford and Gloucester and industry plaintiffs in their challenge to Amendment 16, the framework for the federal government's fisheries catch share system.
The text of his letter follows:
Friends of New Bedford:
I write today to thank you for your donation of time, talent and treasure to support the City of New Bedford and the hardworking people engaged in the City’s fishing industry. Attached hereto is the sixty eight page decision issued late today by the First Circuit Court of Appeals denying the City's challenge of NMFS 2010 decision to implement a sector system which damaged many of the ground fishermen.
Although we did not prevail before the First Circuit, the lengthy decision evidences the seriousness with which the Court was forced to consider the issues ably raised in the legal briefs written by Attorneys Mikaela McDermott, Julie Peterson and Pamela Lafreniere and capably argued by Attorney Jim Kavanaugh. In this process, the Agency has been forced to expend significant time and energy to defend its dubious positions and tortured interpretations of the law. By standing up to NMFS and by highlighting the manner in which the agency is frustrating congressional intent and endangering the well-being of America's Number One Fishing Port, this City's legal team and that team's supporters (you) have served a great purpose.
As Theodore Roosevelt once said:
It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.
You are the person in the arena. And there is no greater devotion than our mission to advocate for our hometown, our people, and our way of life. It is with this in mind that I write to thank you for your support as we march forth remaining steadfast in our commitment to fight for our City and its people.
Sincerely –
John A. Markey, Jr.
New Bedford City Solicitor