5. Additional projects not eligible for Tier 2 review. An activity in freshwater wetlands containing a natural community that is imperiled (S2) or critically imperiled (S1), as defined by the Resources Information and Mapping Center Natural Areas Program pursuant to Title 5 12, section 13076 544 is not eligible for Tier 2 review unless the department determines that the activity will not negatively affect the freshwater wetlands and other protected natural resources present.

Sec. 33. 38 MRSA §480-Y, sub-§2, śC, as enacted by PL 1995, c. 659, §1, is amended to read:

C. The pond may not be located in a wetland containing endangered or threatened plant species as determined pursuant to Title 5 12, section 13078 544-B, subsection 3 or containing a natural community that is imperiled (S2) or critically imperiled (S1) as defined by the Natural Areas Program pursuant to Title 5 12, section 13076 544.

Sec. 34. 38 MRSA §490-D, sub-§1, as amended by PL 1995, c. 700, §24, is further amended to read:

1. Significant wildlife habitat. Affected land may not be located in a significant wildlife habitat, as defined in section 480-B, or in an area listed pursuant to the Natural Areas Program, Title 5 12, section 13076 544. The department may not grant a variance from the provisions of this subsection.

Sec. 35. 38 MRSA §490-Z, sub-§1, as enacted by PL 1995, c. 700, §35, is amended to read:

1. Significant wildlife habitat. Affected land may not be located in a significant wildlife habitat as defined in section 480-B, subsection 10 or in an area listed pursuant to the Natural Areas Program, Title 5 12, section 13076 544. The department may not grant a variance from the provisions of this subsection.

Sec. 36. 38 MRSA §549, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §115 and amended by PL 1995, c. 502, Pt. E, §32, is further amended to read:

§549. Personnel and equipment

The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law,