Interesting that you should use the word "take". It is the part of the ESA that will determine what Puget Sound steelhead fisheries are going to be for several years. It encompasses more than catch.

Defined under the ESA as "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct."

Any take of an ESA listed species requires a federal permit. One could be in violation, even for something so simple, as wading in the river to fish if spawning steelhead were near by. CNR without a federal incindental take permit is a serious violation of the law. I believe that the tribes are subject to the law and can only fish with an incidental take permit.