Micro,

This is posted just above...

Quote:
6. Sport fisheries are constructed to take advantage of the sport fishing allocation. If they estimate that there are, say, 500 fish in the allocation, they can use different management philosophies to use the allocation. They could have a three day fishery with a three fish limit (they would have numbers saying that this be the most they could fish without going over the limit).

They could have a two week season with a one fish limit (the numbers would show that fishing effort would be slightly reduced, so the season would be more than three times as long with one third the limit).

Finally, they could have a two month season, with WSR, figuring that incidental mortalities will satisfy the sportfishermen's opportunity to fish.

The final option is the exact one the WDFW chose to do on the Chehalis system last spring when it had a greater than predicted run of wild winter run steelhead.

They proposed two different kill seasons, both at different, but shorter, times (a week, I think), and they proposed a WSR season, in which you could still harvest hatchery fish, for a month.

They went with the third one...it had a much longer season, more people could participate, the positive economic impacts would be much greater, more hatchery fish would be harvested over the month than would be in a week, and more wild fish made it to the spawning grounds.

Removing the OP exceptions from the statewide wild steelhead release regulations is a very similar decision...and just as legal as the one they made last year on the Chehalis
That's most of the reason why the new reg is OK, legally, and why foregone opportunity doesn't have any bad applications.

The only way FO could apply is if there was a harvestable allocation for the non-tribal fisheries and it wasn't fished over at all. Otherwise, it doesn't apply. Legally, it can't.

I asked you before to cite one example of where foregone opportunity gave away our fish to the tribal fisheries. I also wanted to remind you that the Queets is not an example...the Quinalts take more fish than us there based on a dispute over the proper escapement. It may be a lame situation (it is, in my book), but it's not foregone opportunity.

There aren't any examples, and there aren't any court cases making it so (which is required for foregone opportunity to be in play).

Fish on...

Todd

(**edited where I messed up the quoted portion**)
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