(1) Activities and consequences thereof by employees of the Arkansas Natural Heritage Commission or their agents or by persons under contract to the commission or their agents shall not be construed as violations of this subchapter when such employees, persons, or agents are acting in performance of their official duties.
(2) Activities and consequences thereof conducted pursuant to and in accord with the provisions of any permit or special authorization issued by the Director of the Arkansas Natural Heritage Commission shall not be construed as violations of this subchapter.