FWIW my recollection of recent history is that when the tribes and State could not agree at NOF the tribes went to the BIA and obtained a "permit" to fish and in doing so impact an ESA listed species essentially usurping the legislative authority of NOAA/NMFS.

That caused a great deal of angst at the State level (and probably within NOAA/NMFS) and considerable discussion about the State seeking its own permit. Ultimately the State did not pursue its own permit due, as I recall, to the costs, time to process, and threat that once its permit was submitted it would no longer be able to ride on the shirttails of the tribal permit meaning the possibility of limited or no fishing.

Have our circumstances continued to deteriorate to the point where the State should take the risk and seek its own permit? If it were to do so would NOAA/NMFS really cut off our fisheries or would it seek to reinforce its authority over the process and issue a temporary permit?

Dept. of Commerce vs. Dept. of Interior. Game on.