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;

(2)__The individual and cumulative effects that may reasonably be anticipated to result from the proposed actions covered by the plan;

(3)__The recovery measures the applicant will implement to prevent, minimize and mitigate the individual and cumulative effects and any provisions that are necessary to prevent, minimize and mitigate circumstances that are likely to impair the recovery of any endangered or threatened species covered by the plan;

(4)__The procedures for monitoring the effectiveness of the recovery measures in the plan;

(5)__The anticipated costs of implementing the plan and the availability of necessary funding for the applicant to implement the plan; and

(6)__Other modifications to the plan or other additional measures, if any, that the department may