294 



grounds for many cominercial species of fish 

 and shellfish."^^ 



S. Rep. No. 1981, 85lh Cong. 2d Sess. (July 28, 1958). 

 1958 U.S.C.C. & A.N. 3446, 3448, 3450. This Report clear- 

 ly shows that Congress intended the Chief of Engineers 

 and Secretary of the Army to consult with the Fish 

 and Wildlife Service before issuing a permit for a pri- 

 vate dredge and fill operation. 



This interpretation was judicially accepted in Udall 

 V. FPC: 



"Section 2(a), 16 USC § 662(a), provides 

 that an agency evaluating a license under 

 which 'the waters of any stream or other body 

 of v/ater are proposed ... to be impounded 

 first shall consult v.'ith the United States Fish 

 and Wildlife Service, Dcj^artment of the Interi- 

 or .. . with a view to the conservation of wild- 



*oThe Senate Report also shows how the exercise of the commerce 

 power in the conservation arena ties in with its exercise in 

 other areas: 



"The amendments proposed by this bill would rem- 

 edy these deficiencies and have several other im- 

 portant advantages. The amendments, would provide 

 that v.'iMlife con.'iervation shall receive equal consid- 

 eration with other features in the planning of Fed- 

 eral water resource development programs. Tlais would 

 have the effect of putting fish and v/ildlife on tlie basis 

 of equality with flood control, irrigation, navigation, 

 and hydroelectric power in oiu* water resource pro- 

 grams, which is highly desirable and proper, and 

 represents an objective long sought by conservationists 

 of the Nation." 

 1958 U.S.C.C. & A.N. at 3150. 



