The treaty tribes do need a permit to fish. The previous co-management permit expired for both WDFW and the tribes on April 30. The tribes may have filed for a 2017 permit separate from WDFW, but NMFS certainly hasn't issued it yet.

The Swinomish, and Sauk-Suiattle by Swinomish invitation, are fishing for hatchery spring Chinook salmon. The NMFS permit is an approval of the salmon fishery management plan. There are wild ESA-listed spring Chinook intermingled with the hatchery Chinook, so an approved plan is necessary to cover the incidental take of listed Chinook and listed steelhead that are caught incidental to Chinook fishing.

The enforcement responsibility is NMFS'. Unfortunately NMFS LE is more likely to make sure that whale watchers don't get too close to ESA-listed killer whales than they are to interfere with treaty fishing, legal or illegal. I'm sure the tribes will insist that treaties, as the Supreme law of the land, trumps incidental take of ESA-listed salmon, approved fishing permit or not.