What would happen if an applicant did the work before the Corps finished ESA consultation?
A. In situations where the applicant begins the work without the required authorization, the Corps and the Services would likely pursue an enforcement action. Response would depend on the reason for beginning the work without authorization, the potential impacts to listed fish species, and actions the Services decide to take. The Corps can elect to pursue violators to the full extent of the law. In egregious situations Seattle District will do that, in conjunction with the Environmental Protection Agency. In situations involving unauthorized filling of non-navigable waterbodies, including wetlands, Seattle District has the ability to handle the situation as a civil action (with fines, etc.) or as a criminal action. A serious violation occurring in navigable waterbodies can only be handled as a criminal action. The two Services have this same latitude. If the entity responsible for the work has not received a “take permit”, or the entity has not gotten an “incidental take” authorization
