(a) An incidental take permit issued pursuant to this Part may be modified, suspended or revoked at any time by the department if the permittee fails to comply with the terms and conditions of an endangered and threatened species mitigation plan or an implementation agreement.

(b) Where an incidental take permit issued pursuant to this Part has been revoked by the department, the person holding such permit shall not be eligible to reapply for another such permit until the expiration of two years from the date of revocation.

(c) Nothing in this Part shall preclude or affect the commissioner's authority to issue summary abatement orders under section 71-0301 of the Environmental Conservation Law, or to take emergency actions summarily suspending a license or permit under section 401(3) of the State Administrative Procedure Act.