That’s going to be just as bad, because new users will think they are being asked to confirm it! Who wouldn’t want to be helpful to an identifier “asking you to confirm” their ID…
I still reckon nix ALL Agree buttons for new users, and maybe a pop up message when they qualify at 100 obs/IDs to explain clearly that the agree button they are getting access to is ONLY for when they do actually want to ID the same. Entering in an id is not a difficult step for a new user to have to do.