(3) Contains endangered or threatened plant species listed under Title 5, section 3315 as defined in Title 12, section 544;

Sec. 15. 38 MRSA §482, sub-§2, ¶B, as repealed and replaced by PL 1997, c. 502, §5, is amended to read:

B. Is a metallic mineral mining or advanced exploration activity as defined in this section or an oil or gas exploration or production activity, including drilling or excavation under water;

Sec. 16. 38 MRSA §488, sub-§9, as amended by PL 1997, c. 502, §9, is repealed and the following enacted in its place:

9.__Development within unorganized areas.__A development located entirely within an area subject to the jurisdiction of the Maine Land Use Regulation Commission, other than a metallic mineral mining or advanced exploration activity or an oil terminal facility, is exempt from the requirements of this article except as follows.

A. If a development is located in part within an organized area and in part within an area subject to the jurisdiction of the Maine Land Use Regulation Commission, that portion of the development within the organized area is subject to review under this article and that portion of the development within the jurisdiction of the commission is exempt from the requirements of this article except as provided in paragraph B.__The part of the development within the organized area is subject to review under this article if that portion is a regulated development pursuant to this article.

B. If an activity is located as described in paragraph A and the Maine Land Use Regulation Commission determines that the project is an allowed use within the subdistrict or subdistricts for which it is proposed, so that a rezoning is not required pursuant to Title 12, section 685-B, the entire activity is subject to review by the department under this article.

Review by the department of subsequent modifications to a development approved by the department is required.__For a development or part of a development within the jurisdiction of