Who monitors HCP compliance, and what happens if someone fails to comply?
The FWS or any party designated as responsible in the permit and/or associated agreements (e.g., state wildlife agency or local government) will monitor the project for compliance with its terms and conditions. Generally, the terms and conditions of the permit will identify important milestones and accomplishments that must be achieved for the permit to remain valid. Certainly, it is in the interest of both the FWS and the entity holding the permit to quickly resolve non-compliance issues. The affected FWS field office actively monitor permits after they have been issued. However, violation of the terms of an Incidental Take Permit are a violation of the ESA. The penalties are prescribed by law.
