292 



quires the dredging and filling agency (under a govern- 

 mental permit), whether public or private, to consult 

 with the Fish and Wildlife Service,*^ with a view of 

 conservation of wildlife resources. If there be any ques- 

 tion as to whether the statute directs the licensing 

 agency (the Corps) to so consult it can quickly be 

 dispelled. Common sense and reason dictate that it 

 would be incongruous for Congress, in light of the fact 

 thatdt intends conservation to be considered in private 

 dredge and fill operations (as evidenced by the clear 

 wording of the statute), not to direct the only federal 

 agency concerned with licensing such projects both 

 to consult and to take such factors into account. 



The second proof that the Secretary is directed and 

 authorized by the Fish and Wildlife Coordination Act 

 to consider conservation is found in the legislative his- 

 tory. The Senate Report on the Fish and Wildlife Co- 

 ordination Act states: 



"Finally, the nursery and feeding groimds of 

 valuable crustaceans, such as shrimp, as well 



United States Fish and Wildlife Service, Department 

 of the Interior, and with the head of the agency ex- 

 ercising administration over the wildlife resources of 

 the particular State wherein the impoundment, diver- 

 sion, or other control facility is to be constructed, with 

 a view to the conservation of wildlife resources by 

 preventing loss of and damage to such resources as 

 •well as providing for the development and improve- 

 ment thereof in connection with such water-resource 

 development'* 

 16 U.S.C.A. § 662(a). 

 loPresumably Landholders must first obtain tlie Corps of En- 

 gineers permit before becoming a "private agency under 

 Federal permit or license." 



