Section 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 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.