(3) Ivory, ivory products, rhinoceros horn or rhinoceros
horn products conveyed to a lawful beneficiary upon the death
or anticipated death of the owner, provided that the
beneficiary may not sell those items.
(4) Employees or agents of the Federal or State
government undertaking law enforcement activities pursuant to
Federal or State law or other mandatory duties.
(5) An import of ivory, ivory products, rhinoceros horn
or rhinoceros horn products that is expressly authorized by
Federal license or permit.
(c) Educational or scientific use.--The Department of
Environmental Protection may permit, under terms and conditions
as the department may prescribe, the import, sale, offer for
sale, purchase, barter or possession with the intent to sell of
ivory, ivory products, rhinoceros horn or rhinoceros horn
products for educational or scientific purposes, unless the
activity is prohibited by law.
(d) Penalties.--A person who violates subsection (a) commits
a misdemeanor of the second degree and shall, upon conviction,
be sentenced as follows:
(1) For a first offense, a fine of not less than $1,000.
(2) For a second or subsequent offense, a fine of not
less than $5,000, or an amount equal to two times the total
value of the ivory, ivory products, rhinoceros horn or
rhinoceros horn products, whichever is greater.
(e) Seizure.--Upon conviction for violating the provisions
of this section, the court shall order the seizure of all ivory,
ivory products, rhinoceros horn and rhinoceros horn products
involved in the violation and transfer them to the Department of
Environmental Protection for proper disposal or donation for
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