Chapter 3. Animal Control

§ 3220. Animals Born in Quarantine. Litters born to dogs or cats in quarantine may be released provided that the following conditions are met. Failure to comply with any of the applicable provisions in these rules will subject the newborn to a quarantine period of one hundred twe…

§ 3221. Handling of Quarantined Animals. Each person owning, operating, employed at, or agents of, a CQF shall observe the following quarantine guidelines when handling animals: (a) A dog or cat, once placed in quarantine, shall be under the exclusive custody and supervision of t…

§ 3222. Responsibilities of Commercial Quarantine Facility. (a) Each CQF shall have an operational plan that shall contain written standard operating procedures and regulations relating to the daily care and transportation of any dog or cat confined to that facility. This plan sh…

§ 3223. Housing of Quarantined Animals. (a) Each dog or cat quarantined shall be confined in and to its own kennel which shall be out of reach by other quarantined animals. (b) More than one (1) dog or cat may be quarantined in the same kennel provided prior permission is obtaine…

§ 3224. Authorization to Construct and Occupy. COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 41 (a) No person shall construct a new CQF, or add to, convert or alter an existing CQF, except for minor alterations, without first obtaining written …

§ 3225. Application for and Issuance of Sanitary Permit to Operate Quarantine. (a) No person shall directly or indirectly in any manner, conduct, control, manage, maintain, or operate a CQF unless the facility has an operational plan approved by the Department and a valid sanitar…

§ 3226. Structural, Functional and Related Requirements. (a) Kennels and Runs, Floors, Walls, Ceilings: COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 43 (1) Kennels not constructed completely of concrete shall be certified as capable of withsta…

§ 3227. Sanitation Requirements. (a) Cleaning, Disinfection and General Sanitation of Facilities: (1) The premises of a CQF shall be maintained in a sanitary condition at all times. COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 48 (2) The exter…

§ 3228. Inspections of and Access to CQF. The Department shall conduct inspections of each CQF at least once a week, or as often as may be deemed necessary for the enforcement of these rules or any other applicable law. Upon presentation of the appropriate credentials by the offi…

§ 3229. Report of Inspections. Whenever an inspection of a CQF is made, the findings shall be recorded on a report form authorized by the Director, and shall summarize pertinent requirements of these regulations, violations thereof, and the corrective action to be taken. One copy…

§ 3230. Posting of Sanitary Permit and Inspection Report. The sanitary permit to operate, and one copy of the most recent inspection report shall be posted in a conspicuous place on the premises of the quarantine facility as designated by the Director in an area clearly visible t…

§ 3231. Development of Rabies in Quarantine. Any dog or cat in quarantine which, in the opinion of qualified CQF staff or an officer of the Department, exhibits symptoms suggestive of rabies, shall be examined by a government veterinarian and a private veterinarian. If the govern…

§ 3232. Biting Animal in Quarantine. (a) Any dog or cat which, while in quarantine, has bitten any person or animal shall be examined by a government veterinarian and placed under post-bite rabies observation for ten (10) days. The biting dog or cat shall be removed from its assi…

§ 3233. Termination of Commercial Quarantine Facility. (a) A CQF may voluntarily cease to operate only by submitting a letter stating this intention to the Department at least one hundred fifty (150) days before the intended termination date of operations. This letter shall be ac…

§ 3234. Certain Violations as Crimes. The following acts are considered crimes and may be reported as deemed necessary or appropriate to the Guam Police Department or to the Attorney General’s office for their action: (a) The release or a dog or cat from quarantine without the pr…

§ 3235. Suspension or Revocation of Permits for Violations. The Department may suspend or revoke, as may be appropriate, and in accordance with the Administrative Adjudication Law, any permit which the Department has issued whenever a violation of these rules or other applicable …

§ 3236. Fines of Carriers for Illegal Boarding of Animals. Whenever a carrier boards on its vessel a dog or cat without a valid entry permit for import into Guam, then the Department may take action to fine the carrier in accordance with the Administrative Adjudication Law. The f…

§ 3300. Short Title. These regulations may be cited as the Guam Plant and Non- Domestic Animal Quarantine Regulations.

§ 3301. Definition. As used in these regulations, the term: (1) Department means the Department of Agriculture, Government of Guam. (2) Territory means the Territory of Guam. (3) Director means the Director of Agriculture, or his/her duly authorized agents. (4) Person as used in …

§ 3302. Delegation of Duties NOTE: Rule-making authority cited for formulation of regulations for introduction of all Plant and Non-Domestic Animal Quarantine within the territory of Guam by the Department of Agriculture, 5 GCA ' 61101. These Rules and Regulations were filed with…

§ 3303. Conditions of Importation. The importation of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut- flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal or legume in the natural or raw state;…

§ 3304. Soils, Snakes, Injurious Insects, Etc. Importation Prohibited. All persons are prohibited from receiving for transportation, bringing, or causing to be brought to the Territory, for the purpose of debarkation or entry there into, any of the following named articles: (1) S…

§ 3305. Disposition. (a) Any plant, plant product or any commodity contaminated with soil which may be brought to the Territory contrary to Section 5 shall be refused admittance and the same may, in the discretion of the inspector, be seized and treated, destroyed, or excluded at…

§ 3306. Transporting in Territory. Flora and fauna specified by rules and regulations of the department shall not be moved from one locality to another, except by a permit issued by the Director, as a measure for the control of incipient or emergency outbreaks of insect pests or …

§ 3307. Interim Rules. (a) The department shall have the power, subject to the provisions of this section, to establish, implement, and enforce interim rules governing the trans porting of flora and fauna into and within the Territory. (b) An interim rule may be adopted in the ev…

§ 3308. Advisory Committee on Plants and Animals. There shall be an advisory committee on plants and animals composed of the Director or his representative who shall be chairman of the committee, and five other members, with expertise in plants, animals or microorganisms, and who…

§ 3309. Certification for Shipment. The department may certify as to the pest condition or post treatment of shipments when officially required. Fees may be charged for certificates in certain instances.

§ 3310. Responsibility for Treatment. Any treatment of nursery stock which may be required under the provisions of law shall be at the risk and at the expense of the owner or persons in charge or in possession thereof at the time of treatment, unless otherwise provided. Fees must…

§ 3311. Nursery Stock Certificate. The department may issue and authorize the use of nursery stock certificates by any shipper complying with its regulation for nursery inspection. Nursery stock certificates may be issued for interstate shipments. Fees may be charged for nursery …

§ 3312. Penalty. Any person who knowingly violates any provision of these regulations or any interim rules or regulations promulgated by the Director, or who knowingly forges, counterfeits, alters, defaces or destroys any import permit, certificate or other document provided in t…

§ 3400. Authority. In accordance with the authority granted the Director of Agriculture by 5 GCA § 63102, § 63126 and § 63127, the following regulations governing the harboring of Guam deer as pets are hereby promulgated.

§ 3401. Definitions. COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 64 For the purposes of this regulations, deer shall mean Guam Deer (Cervus unicolor mariannus), the species of deer introduced to Guam and now free living in the wild; Director …

§ 3402. Taking of Deer. No Guam deer may be taken from the wild any person for the purpose of harboring them in captivity as pets. Only those Guam deer currently held in captivity, or the progeny of any registered deer may be harbored as pets. At the discretion of the Director, a…

§ 3403. Deer Registration. All persons harboring Guam deer in captivity as pets must register their deer with the Department within 30 days of the effective date of these regulations and apply for a permit to continue to harbor the subject deer. The birth of a fawn to any registe…

§ 3404. Unregistered Deer. Any deer that is found harbored 30 days after the effective date of these regulations that is not registered and tagged as prescribed in § 3402 and § 3404 of this Chapter shall be considered prima facie evidence of a deer that has been taken illegally a…

§ 3405. Tagging. All deer registered to be harbored as pets shall be tagged in both ears with numbered ear tags by the Division. Should a tag become lost or dislodged from the animal, the owner must immediately notify the Division for replacement.

§ 3406. Permits and Fees. The Division shall issue annual permits and renewals to qualified persons harboring deer in captivity as pets. The owner must provide evidence that they have provided the minimum facilities and shelter requirements for each animal harbored prior to the i…

§ 3407. Facilities. Each registered owner shall provide a minimum of 100 square feet of fenced- in area for each deer that is harbored with the exception that a fawn can be penned with its mother and not be considered a separate deer up through the age of six months. Once a fawn …

§ 3408. Inspection of Facilities. As a condition of any permit issued under this Article, personnel from the Division shall be permitted to inspect subject animals and facilities in which pet deer are kept, such inspection to take place during normal working hours of the day afte…

§ 3409. Ownership. COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 66 Deer harbored as pets belong to the registered owner. The registered owner assumes full liability for any mishaps or injury caused by the animal and will be liable for any dama…

§ 3410. Transfer of Ownership. Deer harbored as pets may not be offered for sale, dead or alive. Ownership may be transferred between persons but such transfer shall not involve the exchange of any money or barter. Prior to transfer of ownership, the current owner must notify the…

§ 3411. Proper Care. It shall be the responsibility of the registered owner to provide the subject deer with a sufficient daily amount of wholesome food and water; proper shelter and protection from the weather; veterinary care when needed to prevent suffering; and humane care an…

§ 3412. Disposition of Dead Animals. Any deer held as a pet which dies in captivity must be immediately reported to the Division. The method of disposition will be determined by the Director. Under no circumstances can the animal be consumed as food.

§ 3413. Lost Animals. In the event a pet deer becomes lost, the registered owner must immediately notify the Division and file a police report if so requested by the Department.

§ 3414. Stolen Animals. In the event a pet deer is stolen, the registered owner must immediately notify the Department and file a police report.

§ 3415. Revocation of Permits. (a) The Department may revoke a permit if the person fails to comply COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 67 with the care requirements set forth in § 3410 or the minimum facility requirements set forth i…

§ 3416. Expired Permits. Any deer harbored for more than 30 days on an expired permit as defined in § 3405 shall be considered prima facie evidence of an illegally harbored deer, in violation of 5 GCA § 63124, and the owner shall be subject to penalties prescribed in 5 GCA § 6312…