Chasin Baitman,

Given your questions regarding the intersection of treaty rights and the ESA, you may want to review the documents found at the following link concerning NOAA policy regarding Native American Tribes, treaty rights, and the ESA. Because these documents are currently available on NOAA's website, I assume the policies they outline are still in effect. In particular, you may be interested in the document titled:

"Secretarial Order (June 5, 1997) “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act”

The "Questions and Answers" section beginning on page 16 may be the best place to start.

http://www.westcoast.fisheries.noaa.gov/whatwedo/sovereign_relations/