Recognize that the State and the Tribes are not dividing up the allocation (50/50).
They are dividing up the incidental take allowed under ESA. NMFS is well aware of this.

The reason the Tribes gets 74% of the impacts (see above) is that in order for the Tribes to get their 50% share, they need 74% of the ESA impacts. Recall they use gillnets and do not practice catch and release. Since the State mandates a mark-selective fishery, they can take their 50% with only 26% of the impact. That's the benefit of a mark-selective fishery.

But if the catch and release mortality estimate from recreational fishing is too low, as the Tribes claim, the impacts on ESA listed stocks is too high. Thus, it's important that we all take the utmost care in releasing wild salmon and steelhead.