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<br />002535 <br /> <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 34 of 44 <br /> <br />(A) exonerate any person from any act committed in violation of paragraphs (l)(A), <br />(1 )(E), or (l)(F) of section 9(a) prior to the date of enactment of this subsection; or <br />(B) immunize any person from prosecution for any such act. <br />(8)(A)(i) Any valid certificate of exemption which was renewed after October 13, <br />1982, and was in effect on March 3 I, 1988, shall be deemed to be renewed for a <br />6-month period beginning on the date of enactment of the Endangered Species Act <br />Amendments of 1988. Any person holding such a certificate may apply to the <br />Secretary for one additional renewal of such certificate for a period not to exceed 5 <br />years beginning on the date of such enactment. <br />(B) If the Secretary approves any application for renewal of an exemption under this <br />paragraph, he shall issue to the applicant a certificate of renewal of such exemption <br />which shall provide that all terms, conditions, prohibitions, and other regulations <br />made applicable by the previous certificate shall remain in effect during the period of <br />the renewal. <br />(C) No exemption or renewal of such exemption made under this subsection shall <br />have force and effect after the expiration date of the certificate of renewal of such <br />exemption issued under this paragraph. <br />(D) No person may, after January 31, 1984, sell or offer for sale in interstate or <br />foreign commerce, any pre-Act finished scrimshaw product unless such person holds <br />a valid certificate of exemption issued by the Secretary under this subsection, and <br />unless such product or the raw material for such product was held by such person on <br />October 13, 1982. <br /> <br />(g) In connection with any action alleging a violation of section 9, any person <br />claiming the benefit of any exemption or permit under this Act shall have the burden <br />of proving that the exemption or permit is applicable, has been granted, and was valid <br />and in force at the time of the alleged violation. <br /> <br />(h) CERTAIN ANTIQUE ARTICLES.- <br />(I) Sections 4(d), 9(a), and 9(c) do not apply to any article which- <br />(A) is not less than 100 years of age; <br />(B) is composed in whole or in part of any endangered species or threatened species <br />listed under section 4; <br />(C) has not been repaired or modified with any Dart of any such species on or after <br />the date of the enactment of this Act; and <br />(D) is entered at a port designated under paragraph (3). <br />(2) Any person who wishes to import an article under the exception provided by this <br />subsection shall submit to the customs officer concerned at the time of entry of the <br />article such documentation as the Secretary of the Treasury, after consultation with the <br />Secretary of the Interior, shall by regulation require as being necessary to establish <br />that the article meets the requirements set forth in paragraph (I) (A), (B), and (C). <br />(3) The Secretary of the Treasury, after consultation with the Secretary of the Interior, <br />shall designate one port within each customs region at which articles described in <br />paragraph <br />(I) (A), (B), and (C) must be entered into the customs territory of the United States. <br />(4) Any person who imported, after December 27, 1973, and on or before the date of <br />the enactment of the Endangered Species Act Amendments of 1978, any article <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30197 <br />