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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />0025S~ <br />Page 33 of 44 <br /> <br />, <br />'I <br />I <br />I <br /> <br />(3) Any person seeking an exemption described in paragraph (2) of this subsection <br />shall make application therefor to the Secretary in such form and manner as he shall <br />prescribe, but no such application may be considered by the Secretary unless the <br />application- <br />(A) is received by the Secretary before the close of the one year period beginning on <br />the date on which regulations promulgated by the Secretary to carry out this <br />subsection first take effect; <br />(B) contains a complete and detailed inventory of all pre-Act endangered species <br />parts for which the applicant seeks exemption; <br />(C) is accompanied by such documentation as the Secretary may require to prove that <br />any endangered species part or product claimed by the applicant to be a pre-Act <br />endangered species part is in fact such a part; and <br />(D) contains such other information as the Secretary deems necessary and appropriate <br />to carry out the purposes of this subsection. <br />(4) If the Secretary approves any application for exemption made under this <br />subsection, he shall issue to the applicant a certificate of exemption which shall <br />specify- <br />(A) any prohibition in section 9(a) of this Act which is exempted; <br />(B) the pre-Act endangered species parts to which the exemption applies; <br />(C) the period of time during which the exemption is in effect, but no exemption <br />made under this subsection shall have force and effect after the close of the three-year <br />period beginning on the date of issuance of the certificate unless such exemption is <br />renewed under paragraph (8); and <br />(D) any term or condition prescribed pursuant to paragraph (5)(A) or (B), or both, <br />which the Secretary deems necessary or appropriate. <br />(5) The Secretary shall prescribe such regulations as he deems necessary and <br />appropriate to carry out the purposes of this subsection. Such regulations may set <br />forth- <br />(A) terms and conditions which may be imposed on applicants for exemptions under <br />this subsection (including, but not limited to, requirements that applicants register <br />inventories, keep complete sales records, permit duly authorized agents of the <br />Secretary to inspect such inventories and records, and periodically file appropriate <br />reports with the Secretary); and <br />(B) terms and conditions which may be imposed on any subsequent purchaser of any <br />pre-Act endangered species part covered by an exemption granted under this <br />subsection; to insure that any such part so exempted is adequately accounted for and <br />not disposed of contrary to the provisions of this Act. No regulation prescribed by the <br />Secretary to carry out the purposes of this subsection shall be subject to section <br />4(f)(2)(A)(i) of this Act. <br />(6)(A) Any contract for the sale of pre-Act endangered species parts which is entered <br />into by the Administrator of General Services prior to the effective date of this <br />subsection and pursuant to the notice published in the Federal Register on January 9, <br />1973, shall not be rendered invalid by virtue of the fact that fulfillment of such <br />contract may be prohibited under section 9(a)(1 )(F). <br />(B) In the event that this paragraph is held invalid, the validity of the remainder of the <br />Act, including the remainder of this subsection, shall not be affected. <br />(7) Nothing in this subsection shall be construed to- <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />