Originally Posted By: bushbear
...and BIA is under the Dept of the Interior which has another agency, USFWS, tasked with ESA listings on steelhead and bull trout/dolly varden. Did BIA go to their sister agency for permission......???


No. USFWS has nothing to do with this. They have ESA listings on bull trout but not steelhead. Steelhead are a NMFS listed species. And USFWS is not taking any action that would necessitate consultation. Plus there are not alot of bull trout taken in the fishery.

My sense is that BIA is the Federal "action agency" for this. As such, they are taking on the legal risk associated with this action. That way, if the Tribes get taken to court (e.g., by WFC), BIA is on the hook, not the Tribes. And if BIA is on the hook, so is Dept of the Interior, and the U.S. Dept of Justice. So not only do the Tribes get ESA clearance quickly so they can go fishing, they will have the legal resources from DoJ at their disposal if this get litigated.

Nice work if you can get it.......