Thanks for your explanation of the passage in Ex. I'll consider what you bring up.This is referring to the six day renovation starting in Gen 1:3. The meaning of the Hebrew verb asah [made] is not creation (ex-nihilo-from nothing) but rather the giving of a new role to something already in existence. The verb is akin to appointing, assigning, or producing an effect of something pre-existing. (see Psa 104:19; Gen 1:16; 1 ki 12:51; Amo 3:6).
Gen 2:4 These are the generations-plural (histories) of the heavens and of the earth when they were created, in the day that the LORD God made the earth and the heavens,Gen 2:4 is a summary statement of the multiple generations/histories of the earth. This provides another vital clue suggesting a gap of time separating the initial perfect creation of the earth in Gen 1:1 (first history), with the renovation starting in vs 3 (second history). Notice there was a "creation" [barah] (ex nihilo) of the heavens and earth which occurred in Gen 1:1. Then it states the heavens and earth were also "made" [asah]. I believe this is a reference to the six day renovation begun in Gen 1:3.
But sea creatures do. The phrase "to be inhabited" is not limited to humans on land. It can also encompass sea creatures inhabiting the sea.
But, the sea is beside the point; perhaps I shouldn't have mentioned it. In context of verse 12 the Lord is talking about humans on the earth not sea creatures and even if you do include animals; that doesn't mean that when it says earth it couldn't mean the land.
The Bible often separates the earth from the sea mentioning them separately. Rev. 10:6 for example.