From the CoE guidance on di minimus rulings: "If a decision to deny a permit was based soley on U&A rights, the Corps would need conclusive facts to support an established treaty right is being interfered with above a di minimus effect. The record must show the interference with a treaty right has reached a level of legal significance that is above di minimus effect."

Considering the quote in the first post is from the Tribal attorney's letter , the question becomes:

Will the square footage area of a small ramp, with 95% of that area being too shallow to hold crab, decimate the tribal crab fishery to an extent that requires denying the public water access on public lands, and also deny other future permits in that vast U&A?

(Keep in mind that this tribe's crabbing U&A of about 400 sq miles goes from Seattle to Canada, or Marine Areas 7, 8-1, 8-2, 9, and 10)