Is that when it is on it's side stand?
The apparent oil level varies significantly when the bike is leaned hard over one way or the other from vertical. Try leaning it both ways and holding for several seconds before checking the level again when vertical.
The cool temperature will make the oil slower to respond.
If it stays at that level regardless of lean then it has either been over filled or some other liquid has got into the
Warm up the engine, change the oil and filter with two litres of fresh oil then start the engine, let it idle for several minutes, turn it off, let it sit for several more minutes then check the oil level with the bike upright. It will probably be a bit low. Add oil to the upper marks. I generally get close to 2 1/2 litres in after a thorough drain and fill.
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