'Guts,

Todd's the lawyer. I think he's got it right. You've probably heard that anyone can sue anyone for anything. However, prevailing in a lawsuit is a whole 'nuther matter.

What I've been heard about potential ESA cases at a NMFS enforcement talk is that "take" under the ESA can be very difficult to prove in court - unless you've got the dead bodies as evidence, along with the forensics backup. Again, this would not apply to legal fisheries authorized under a WDFW permit by NMFS. And the tribal issue seems to be something no one wants to test.

Sincerely,

Salmo g.