§ 11-0535. Endangered and threatened species, species of special

concern.

1. For the purposes of this section, "endangered species" shall mean
those species of fish, shellfish, crustacea and wildlife designated by
the department, by regulation filed with the Secretary of State, as
seriously threatened with extinction, "threatened species" shall mean
those species of fish and wildlife designated by the department, by
regulation filed with the Secretary of State, which are likely to become
endangered species within the foreseeable future throughout all or a
significant portion of their range, and "species of special concern"
shall mean those species of fish and wildlife designated by the
department, by regulation filed with the Secretary of State, which are
found by the department to be at risk of becoming threatened in New
York. Such regulation shall include, but not be limited to, endangered
and threatened species as so designated by the Secretary of the
Interior, provided, however, that such regulation shall take effect
sixty days after it has been filed with the Secretary of State, and
provided, further, that any endangered or threatened species as so
designated by the Secretary of the Interior shall be subject to the
restrictions of this section, regardless of the removal of such
designation as an endangered or threatened species by the Secretary of
the Interior. The commissioner may exclude any such species as the
commissioner may determine after investigation to be no longer
endangered or threatened from the restrictions of this section.

2. Notwithstanding any other provision of this chapter, the taking,
importation, transportation, possession or sale of any endangered or
threatened species of fish, shellfish, crustacea or wildlife, or hides
or other parts thereof, or the sale or possession with intent to sell
any article made in whole or in part from the skin, hide or other parts
of any endangered or threatened species of fish, shellfish, crustacea or
wildlife is prohibited, except under license or permit from the
department.

3. Notwithstanding any other provision of this chapter, the department
may promulgate regulations to the taking, importation, transportation,
possession or sale of any species of special concern as the department
deems necessary for the proper protection of such species.