DOJ could decide not to back BIA. When there are disputes between federal agencies, DOJ can only support one. As best I can tell, BIA has zero authority to approve a fishery management plan pertaining to ESA-listed species. Cool beans.

BrianM,

WDFW cannot use Section 7 due to lack of any federal nexus. Section 10 appears to be the route in that I couldn't find any 4(d) exemption that qualifies. But I'd like to be wrong on that. NEPA does apply to Section 10 actions. I don't know why it doesn't with Section 7, although I've seen NEPA analyses for some Sec. 7 actions but not others. And NEPA is all about the s l o w.

Sg