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Herring, Sardines, And Foreign Affairs: Determination Of Optimum Yield Under The Fishery Conservation And Management Act Of 1976—Maine V. Kreps, 563 F.2d 1043 (1st Cir.), Remanded, No. 77-45-Sd (S.D. Me. Aug. 26, 1977), Aff'd, 563 F.2d 1052 (1st Cir. 1977), William H. Beaver, Jr
Washington Law Review
This note will analyze the major issue of Maine v. Kreps, whether Secretary Kreps fulfilled the FCMA's requirements in her determination of optimum yield. This issue is discussed in two parts. First, the criteria expressed in the preliminary management plan are analyzed in light of the relevant provisions of the FCMA. Second, the inclusion of foreign policy considerations in the optimum yield calculations (a factor not discussed in the preliminary management plan) is analyzed by (1) inferring from the Maine opinion the proper use of foreign policy in management decisions, and (2) suggesting criteria which may affect the role of …