Sec. 1. 12 MRSA §544-B, sub-§3, as enacted by PL 1999, c. 556, §13, is repealed.

Sec. 2. 12 MRSA §544-B, sub-§3-A is enacted to read:

3-A.__Endangered plants.__The commissioner has the following responsibilities related to endangered plants.

A.__The commissioner shall recommend a species to be listed as endangered or threatened.

B.__In recommending a species to be listed as endangered or threatened, the commissioner shall:

(1)__Make use of the rare plant database of the Natural Areas Program, the advice of the Natural Areas Advisory Board and the knowledge of botanists in the State;

(2)__Consult, as appropriate, with federal agencies, other interested state agencies, other states or provinces having a common interest in the species and interested persons and organizations;

(3)__Maintain a list of all species that the Legislature has designated to be endangered or threatened, naming each species by both its scientific and common name, if any; and

(4)__Consider aspects of plant biology that contribute to a species' rarity such as:

(a) Endemism.__The plant species or subspecies may be geographically restricted to the State or areas immediately adjacent to the State;

(b)__Scarcity.__A plant species or subspecies may be numerically scarce throughout its distribution in North America and occur in only a few locations in the State;

(c)__Special habitat.__A plant species or subspecies may require habitat that is scarce in the State;

(d)__Limit of range.__A plant species or subspecies in the State may be at the edge of its distribution or disjunct from its main distribution; and