Companies historically have been able to avoid prosecution under the century-old Migratory Bird Treaty if they take steps to avoid bird deaths and seek permits for those that occur. ESI did not seek such a permit, authorities said.
“For more than a decade, ESI has violated laws, taking eagles without obtaining or even seeking the necessary permit," said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in a statement. Despite those measures, wildlife officials anticipate that some eagles still could die. When that happens, the company will pay $29,623 per dead eagle, under the agreement.
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