Foregone opportunity was dealt with in the 70s and would show up in the court orders at that time and probably in Fisheries Advisory Board hearings. The FABs were a "pre-Court arena where the two sides presented their case and then the Court-Appointed Chair indicated how he would advise the Judge.

Foregone Opporunity (as was equitable Adjustment on occasion) was also handled directly by the State and some tribes. Basically "You can't catch them all so we will" As related to me, it went both ways and worked just fine.