"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."

Yes, but that is why NMFS divvies up the incidental take differently. The Tribes are allocated more of the incidental take since their impacts are higher.

We need to remember that NMFS is NOT divvying up the allocation. They're divvying up the incidental take under ESA such that both sides achieve the 50/50 split. For example, on the Columbia, the Tribes are allocated about 70% of the incidental take and the State-managed fisheries are allocated the other 30% (for fall Chinook). When these percentages are applied to the annual run-size, the total allocation should be about 50/50. Any residual differences are made up by another process called 'catch balancing', but that's another issue for another thread.

Todd has it right. I just added some extraneous details.......