Earth is a product of the previous creation of “Heavens and earth”. If we convert the terms to a modern parlance perhaps it should be: verse one, creation of earth within heavens [materials] production & then rest of chapter, the terra-
God who at this time does not require further identification, is located within Earth's environs above the already existing waters which are plentiful, although described as "waste" God is in position to start work, therefore it is from here we start "God's day 1".
In verse three and four work begins and several things happen which can confuse:
The convenient rotation time of Earth and season inducing axis tilt are also implied by these verses. Look at the other planets, one points its axis at the Sun, also rotation rates do vary and circularity of a planet's orbit should not be assumed.
Most important to note in considering the Science of today;
The evening and morning concludes the day, it is the Jewish format
Perhaps we could qualify the "God above the waters", it actually states "his SPIRIT". More than one way exists among believers to view this;
... God was present in person.
... God was present by extension.
... Another, agent or Angel was present acting under the direct influence of God's Spirit.
The locating of action above the waters should also be understood as narrative or as theatrical directive; WE the audience for the story are as in a little boat to see the creation, WE don't move, story is told to this boat's viewpoint, the land will rise beneath us. A "thing" is only created when WE the audience can see it.
Little boat: we can now see our companions and around the boat during the day[time].
Applying modern knowledge, I will be bold and suggest [at least some kinds] bacteria are created on the "first day". [In fact the air might not be breathable yet, we can only guess as to when God made the first oxygen producers but anytime after light is possible.]
Next: 1 v 6,7,8 Second Day