1. Any enclosed land or water owned by the state may be set aside by the department as a refuge for the protection of fish, wildlife, trees and plants. Not more than one hundred thousand acres in the Adirondack park nor more than fifteen thousand acres in the Catskill park shall be set aside for such purpose nor shall any land in the Adirondack or Catskill park be so set aside without the approval of the board of supervisors or county legislative body of the county affected. The consent of the riparian owners shall first be obtained before lands under water and the waters thereon shall be so set aside.

2. Lands and waters set aside or established by the department as a game refuge shall remain a game refuge until the department by regulation permits the taking of fish and wildlife thereon.