; or (B) with respect to— (i) an activity described in subsection (e)(2)(A) , the date that is 5 years after the date of enactment of this section; or (ii) an activity described in subsection (e)(2)(B) , the date that is 8 years after the date of enactment of this section. (2) Commercial activity for which the Secretary has given notice of intent to issue a permit A person engaged in a commercial activity for which the Secretary has given notice in the Federal Register of intent to issue a general permit under subsection (b) shall, upon payment of a mitigation fee in an amount determined under paragraph (3) and submission of a certification of compliance to the Secretary in accordance with this subsection, be exempt from liability for incidental take caused by such commercial activities until the earlier of— (A) the date that is 5 years after the date of issuance of such notice