1. (1) the species is designated as a Federal candidate species under the Federal Endangered Species Act or is listed as threatened or endangered in any adjacent state or province;
2. (2) the species is determined to be in some jeopardy due to adverse trends to which it is vulnerable, and if not monitored or ameliorated, could lead to more serious decline and listing as either an endangered or threatened species in New York;
3. (3) the species appears to have undergone a serious, non-cyclical decline or could do so if protection or proactive management steps are not undertaken; and

4. (4) the species is sufficiently uncommon or severely restricted in its range in New York that any reduction in its population or habitat may cause it to become threatened in the foreseeable future.

   (b) Criteria for de-listing.

   A species will be removed from the list of species of special concern when, after applying the factors set forth in subdivision (a) of this section, the department determines that the species no longer qualifies as a species of special concern.

(a) Criteria for listing.

The department will consider one or more of the following factors to determine whether a native species should be listed as a species of special concern in New York: