Originally Posted By: cohoangler
Carcassman is correct. NMFS does not, and cannot, divide the ESA incidental take 50/50 due to the differing exploitation rates, which are based on gear type.

Instead, NMFS divides the incidental take such that each side can get roughly 50% of the catch.


NMFS does neither of these things. NMFS determines the overall impact rates and whether a fishery plan meets them or not. Dividing up that impact and catch is a state/tribal matter, not a fed matter. At least for Puget Sound fisheries.