(1) Activities authorized and approved by the department in writing and undertaken either by the department or an approved agent or contractor directly related to the management, recovery or restoration of any species listed as endangered or threatened in this Part.

(2) An accidental and unforeseeable incidental take of any species listed as endangered or threatened in this Part. The misidentification of a species will not be grounds for a claim that a take was accidental and unforeseeable.

(3) A taking of any species listed as endangered or threatened in this Part resulting from existing, routine and ongoing agricultural activities. For purposes of this section, routine and ongoing agricultural activities include but are not limited to cultivation and tillage of soil, crop rotation, fallowing, grazing and watering of livestock, making reasonable use of water resources, planting or harvesting natural or agricultural products, and otherwise engaging in the use of land for growing agricultural products. For purposes of this section, routine and ongoing agricultural activities must have occurred on the property within the previous 5 years and do not include forest management activities or the conversion of agricultural land to non-agricultural use.

(4) Public health declarations, orders, and regulations of the Department of Health. Copies of all such public health orders and regulations affecting any activity subject to this Part shall be filed with the Department of Environmental Conservation. The commissioner may request modification of such orders or regulations deemed necessary to implement the policy of section 11-0535 of the Environmental Conservation Law and this Part.

(5) An activity carried out in response to an emergency authorized by the department in accordance with section 70-0116 of article 70 of the Environmental Conservation Law and section 621.12 of this Title (Uniform Procedures).

(6) Activities that would result in incidental take of members of an experimental population within an experimental population area designated pursuant to section 182.17 of this Part.

(7) Activities that adversely impact occupied habitat that occurs entirely within or upon manufactured structures or dwellings when listed species, including active nests, eggs or young, are not present. For the purposes of this section, this applies to all human construction with the exception of abandoned mines and human-modified caves and tunnels that serve as hibernacula for listed bats.