Parker,

Todd authored a white paper on Foregone Opportunity that is located on the Wild Steelhead Coalition website. It's a pretty good analysis.

No, I don't think either the state or any tribe has exercised a fishery under the legal concept of "foregone opportunity" unless some of the non-treaty fisheries were in the first years after US v WA when many tribes didn't have enough of a fishing fleet to harvest their treaty shares. Now that both sides have more than enough capacity to harvest all treaty and non-treaty shares, neither side seems to want to adjudicate the matter. A lot of times it's beneficial to both sides to leave a matter in legal limbo. However, if a tribe prosecutes a steelhead fishery under FO, it's probably high time for WA to press for adjudication.

Sincerely,

Salmo g.