Since ESA listing is for "Wild Chinook", that is the linch pin that impacts all the other salmon fisheries. It's wild chinook impacts that drives the application process and, ultimately the approval permit.

Since it is clearly documented that Tribal non-selective fishing impacts wild chinook at a much higher rate than non-tribal commercial and certainly recreational.

Having a court rule on the current ESA permit process is warranted, as it apparently results in violations of wild chinook impacts that have been ignored.

The tribes contend that such a legal argument is an attempt to restrict the use of non-selective gear (Gill nets) and consequently cultural and historic concerns.

No matter how it's approached, the Tribes are not only prepared, but very well funded and politically backed to proceed with a lengthy court battle since they are assured the end result will ultimately result in the only party that does not have federal protection loosing the ability to fish.

Take a guess who that "party is".