Guam Administrative Code

§ 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…

§ 3417. Disposition of Live Animals. Deer that come into the possession of the Division are normally returned to the wild. However, occasionally deer may be acquired that cannot be released into the wild and must be kept in captivity. Examples of such cases include animals that c…

§ 3418. Penalties. Persons found in violation of § 3410 and § 3412 of this Article relating to the sale of a pet deer or the use of a deer for a purpose other than pets shall be subject to a civil penalty of $5,000 as provided by 5 GCA § 63126(c). Persons found in violation of § …

§ 3501. Purpose. The purpose of these rules and regulations is to protect the health and welfare of the people of Guam by requiring permits to operate a commercial animal establishment and to require those engaged in the operation, maintenance or ownership of any commercial anima…

§ 3502. Authority. These regulations are adopted pursuant to Sections 20105 and 21102, Chapter 34 of Title 10, Guam Code Annotated.

§ 3503. Definitions. (a) ‘Animal’ means any live non-human vertebrate creature, domestic or wild. (b) ‘Animal Shelter’ means any facility operated by a humane society, formed to prevent cruelty to animals, the government of Guam or its authorized agents for the purpose of caring …

§ 3504. Authorization to Construct. No person shall construct or add or convert or make a major alteration to an existing commercial animal establishment without obtaining written authorization in a prescribed form from the Department first. To apply, the applicant must submit co…

§ 3505. Application for Sanitary Permit. (a) It shall be unlawful for any person to conduct, control, manage or maintain a zoo, pet shop, kennel, animal shelter, veterinary hospital or other CAE. and to import, export, exhibit, sell, board or otherwise expose the public to live a…

§ 3506. Revocation of Sanitary Permit. (a) The Department may revoke a sanitary permit pursuant to Section 21109, Chapter 21 of Title 10, Guam Code Annotated, if the person holding COL061307 D IV . 1 - C ARE AND C ONSERVATION OF A NIMALS C H . 3 A NIMAL C ONTROL 74 the sanitary p…

§ 3507 (i)(2) to prevent accumulation of excreta and reduce disease hazards. Floors made of dirt, absorbent bedding, sand, gravel, grass or other similar material shall be raked or spot- cleaned with sufficient frequency to ensure all animals the freedom to avoid contact with exc…

§ 3508. General requirements. (a) Structure; construction. CAE’s for non-human primates shall be designed and constructed so that they are structurally sound for the species of non-human primates housed in them. They shall be kept in good repair, and they shall protect the animal…

§ 3509. Indoor CAE’s. (a) Cooling and temperature. Indoor CAE’s shall be sufficiently cooled when necessary to protect non-human primates from temperature extremes and to provide for their health and well-being. The ambient temperature in the facility shall not rise above 85 ° F …

§ 3510. Sheltered CAE’s. (a) Cooling and temperature. The sheltered part of sheltered CAE’s shall be sufficiently cooled when necessary to protect the non-human primates from temperature extremes, and to provide for their health and well-being. The ambient temperature in the shel…

§ 3511. Outdoor CAE’s. (a) Acclimation. Only non-human primates that are acclimated, as determined by the attending veterinarian, to the prevailing temperature and humidity at the outdoor housing facility, and that can tolerate the range of temperatures and climatic conditions kn…