A person who violates this subsection commits a Class E crime.

2.__Exceptions for certain purposes.__Notwithstanding subsection 1 or section 10602 as it applies to rules adopted in accordance with this subchapter, the commissioner may:

A.__Under such terms and conditions as the commissioner may prescribe, permit any act prohibited by this section or by rule for educational or scientific purposes or to enhance the propagation or survival of an endangered or threatened species; and

B.__Under such terms and conditions as the commissioner may prescribe, permit any endangered or threatened species that enters the State and is being transported to a point outside the State to be so entered and transported without restriction in accordance with the terms of any federal or state permit.

3.__Exceptions; incidental take plan.__Notwithstanding subsection 1, the commissioner may:

A.__Permit the taking of any endangered species or threatened species if:

(1)__Such taking is incidental to, and not the purpose of, carrying out an otherwise lawful activity;

(2)__The taking will not impair the recovery of any endangered species or threatened species; and

(3)__The person develops and implements an incidental take plan approved by the commissioner to take an endangered species or threatened species pursuant to paragraph B; and

B.__Allow a plan that minimizes the incidental taking of an endangered species or threatened species that specifies the following:

(1)__A description of the specific activities sought to be authorized by the incidental take permit and an analysis of potential alternatives;