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I I I I I I I I I I I I I I I I I I I INTRODUCTION Institutional Background For the purposes of this paper fish and wildlife mitigation is the pro~ess of reducing losses of, compensating for losses, or even improv- ing fish and wildlife resources associated with the construction and operation of federally permitted or constructed resource development projects. The successful consideration of fish and wildlife in any given set of project goals is primarily dependent on the interaction of the U.S. Fish and Wildlife Service (FWS) and state fish and game depart- ments and construction or permit agency in their application of the Fish and Wildlife Coordination Act (FWCA). Congress passed the Act on March 10, 1934 (12) to outline a nation- wide program of wildlife conservation and rehabilitation. The Act pro- vided for consultation with the Bureau of Fisheries concerning wildlife conservation before construction of a project. Although some minor fish mitigation were authorized, funds for fish and wildlife studies were not provided. Between 1935 and 1945, the protection of fish and wildlife was held subservient to the nation's economic recovery from World War II. After the War, a substantial number of public works bills were passed by Congress. As a result of the construction of additional public works projects, it became necessary to expand the intent and purpose of the 1934 Act in order to adequately protect fish and wildlife. Consequently, the 1934 Act was amended on August 14, 1946 (13). The new Act established the Fish and Wild- life Service (FWS) with a p~ovision that the Service should assist public and private agencies in a consultative capacity and conduct surveys to determine the effects of project construction on fish and wildlife resources. Construction agencies were directed to consult with FWS (in place of the 2