Guam Administrative Code

§4180. Same: Definitions. (a) Waterway marker means any device designed to be placed in or near the water to convey an official message to a boat operator on matters which may affect health, safety or well being, except that CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 49 …

§4181. Same: Waterway Markers . Waterway markers used on the waters of the Territory shall be as follows: (a) Territorial Aids to Navigation : (1) A red buoy or sign shall indicate that side of a channel to be kept to the right of a vessel when entering the channel from the main …

§4182. Same: Authority to Place Markers. No waterway markers shall be placed in or near the waters of the territory of Guam unless such placement is authorized by the Director, except that the provisions of this Section shall not apply to private aids to navigation under the juri…

§4183. Same: Maintenance of Waterway Markers. Waterway markers shall be maintained in proper condition, or be replaced or removed.

§4184. Same: Display of Waterway Marker. (a) A waterway marker may be displayed as a sign on a fixed support, as a buoy bearing a symbol on its surface, or as a sign mounted on a buoy. (b) When a buoy is used to carry a symbol on its surface, it will be white with a band of inter…

§4185. Same: Specifications for Waterway Markers. (a) The size of a display area shall be as required by circumstances, except that no display area shall be smaller than one (1) foot in height. The size shall increase in increments of six (6) inches; provided, however, that the s…

§4186. Same: Other Waterway Marking Devices . (a) Mooring Buoys . In order that mooring buoys shall not be CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 53 mistaken for aid to navigation or regulatory markers, they shall be white with a blue band clearly visible above the w…

§4187. Same: Diver's Flag. (a) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from masthead to lower outside corner) and known as the "Diver's Flag" shall, when displayed on the water, indicate the presence of a person eng…

§4188. Same: Mooring Vessels to Buoys or Beacons Prohibited. No person shall deface, obliterate, tear down or destroy, in whole or in part, or attempt to deface, obliterate, tear down or destroy any buoy, sign, beacon or other markers posted pursuant to these Rules and Regulation…

§4189. Authorization Required to Hold Regatta, Marine Parade, Boat Race or Exhibition. (a) Definition of Terms Used in This Part. Regatta or Marine Parade means an organized water event of limited duration which is conducted according to a prearranged schedule. (b) Authorization …

§4190. Stolen or Lost Vessels . (a) Owner Reports to Department. The owner of a vessel numbered in accordance with the laws of the territory of Guam which has been stolen, lost or embezzled may notify the Department of the theft or embezzlement, but in the event of an embezzlemen…

§4191. Reporting Vessels Found. Any person who finds a vessel which is adrift or has been lost shall report the whereabouts of such vessel to the owner, to any police officer or to the Department at the earliest possible time.

§4192. Interstate Boat Compacts - Reciprocal Agreement and Courtesy. (a) Declaration of Policy: (1) As provided in 10 GCA §69104, it is the policy of the Department to promote, encourage and facilitate the fullest possible use of its waters and improve boating safety by making an…

§4193. Manufacturer's or Builder's Serial Number Required . (a) If a vessel contains a permanent identification number placed thereon by the manufacturer thereof, the manufacturer's serial number shall be used as the builder's hull number. If there is no manufacturer's serial num…

§4194. Report Required by Boat Builders and Boat Manufacturers. All boat builders and boat manufacturers in the territory of Guam shall record with the Department the name and address of their business or firm and the name and address of the owner. They shall notify the Departmen…

§4195. Report Required by Boat Dealers. All boat dealers in the territory of Guam shall record with the Department the name and address of their place of business and the name and address of the owner. They shall notify the Department upon termination of their CH. 4 - TERRITORIAL…

§4196. Boat Liveries. (a) Reports Required . All boat liveries shall record with the Department the name and address of their livery, the name and address of the owner and the number and lengths of boats in use. The boat livery shall notify the Department upon termination of serv…

§4197. Department Not to Approve Products of Manufacturers. The Department will not endorse or approve the products of any individual or firm.

§4198. Vessel Capacity Plates: Vessels Affected. (a) Every vessel less than twenty- six (26) feet in length designed to carry two (2) or more persons and to be propelled by machinery as its principal source of power, or designed to be manually propelled shall, if manufactured, as…

§4199. Same: Information Required on Motor boat Capacity Plates. A capacity plate shall bear the following information permanently marked thereon in such manner as to be clearly visible and legible from the position designed for, or normally intended to be occupied by, the operat…

§4200. Same: Maximum Weight Capacity: Inboard and Inboard-Outdrive Boats. (a) The maximum weight capacity marked on a boat that has one or more inboard engines or inboard- outdrive units for propulsion must not exceed W in the formula: W = (Maximum Displacement) - Boat Weight - 4…

§4201. Same: Same: Outboard Boats. (a) The maximum weight capacity marked on a boat that is designed or intended to use one or more outboard motors for propulsion must be a number that does not exceed one- fifth (1/5th) of the difference between its maximum displacement and boat …

§4202. Same: Same: Boats Without Mechanical Propulsion. (a) The maximum weight capacity marked on a boat that is not deigned or intend ed to have mechanical propulsion must not exceed one-fifth (1/5th) of the difference between the boat's maximum displacement and the boat weight.…

§4203. Same: Persons Capacity: Inboard and Inboard- Outdrive Boats. The persons capacity marked on a boat that is designed or intended to use one or more inboard engines or inboard- outdrive units must not exceed the lesser of the maximum weight capacity determined under

§4204. Same: Same: Outboard Boats. The persons capacity marked on a boat that is designed or intended to use one (1) or more outboard motors for propulsion must not exceed the lesser of the maximum weight capacity determined under 2 GAR §8166.3 for the boat or the live load capac…

§4205. Same: Pontoon Boats. (a) Boats which are dependent solely upon the buoyancy of pontoons or similar flotation devices shall deter mine the allowable loading by the following tests, except that the method in Paragraph (b) below may be employed if the conditions stated herein…

§4206. Same: Maximum Horsepower. The horsepower rating on the capacity plate for outboard motorboats shall be determined by the manufacturer and shall be the maximum horse power of the motor which the boat can safely accommodate. Boat manufacturers shall confirm the boat's abilit…

§4207. Same: Director May Authorize Alter native Compliance. If any vessel required by these Rules and Regulations to have a capacity plate affixed thereto is of such design or construction as to make it impracticable or undesirable to affix such plate, the manufacturer or other …

§4208. Same: Director May Exempt Certain Vessels. The Director may exempt from the requirements of the Port vessels which it finds to be of such unconventional design or construction that the information required on capacity plates would not assist in promoting safety or is not r…

§4209. Fines, Penalties, Enforcement and Records: Fines and Penalties. Pursuant to 10 GCA §69104, any person violating any of the provisions of these Rules and Regulations, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1) year, or …

§4210. Same: Enforcement Personnel. Pursuant to 10 GCA §69104, the Director, officers and employees of the Department designated by the Director, and every territorial officer charged with the enforcement of Territory laws hereinafter called enforcement personnel shall enforce an…

§4211. Same: Stopping Vessels for Inspection . For the purpose of enforcing the Boating Law (10 GCA Chapter 69) of these Rules and Regulations, any person operating or in charge of a vessel on the waters of the territory of Guam shall stop such vessel after having been requested,…

§4212. Same: Powers of Arrest. An enforcement officer who observes any violation by any person of any of the provisions of 10 GCA Chapter 69 or of these Rules and Regulations may forthwith arrest such person without a warrant. CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 6…

§4213. Same: Citation of Violation. Except when required by territorial law to take immediately before a magistrate, a person arrested for a violation of any provisions of these Rules and Regulations, any person authorized to enforce the provisions of these Rules and Regulations,…

§4214. Same: Taking Legal Custody of the Vessel or Property. As an incident to a lawful arrest, the arresting authority may take legal custody of the vessel or any personal property which is the subject of or related to any violation of 10 GCA Chapter 69, or of these Rules and Re…

§4215. Same: Attorney General. The Attorney General may bring appropriate proceedings to enjoin the continuance of any act or omission in violation of the provisions of 10 GCA Chapter 69, or of these Rules and Regulations.

§4216. Same: Records of Conviction. The Department shall file all abstracts of records of conviction received relating to violation of the Territorial Boating Law, these Rules and Regulations, federal laws or regulations governing vessel operations, from other states or elsewhere…

§4217. Same: Records Furnished to Courts. The Department shall, upon written request of a court, furnish to the Court a certified copy of the individual record of any person.

§4218. Same: Reporting Non-Resident Convictions . The Department upon receiving a record of conviction in the territory of Guam of an operator of a vessel numbered in another state of any offense of Chapter 69, Title 10, Guam Code Annotated, or of these Rules and Regulations, sha…

§5100. Rules and Regulations Incorporated Herein by Reference. The rules and regulations for Agana Boat Basin are incorporated herein by reference.

§6100. Purpose and Applicability. The purposes of these rules and regulations are to reduce conflicts among water users in the Recreational Water-Use Management Plan area, especially within those areas of high activity, and to insure the safety and rights of the general public. T…

§6101. Definitions. (a) Canoe means a narrow light boat moved by paddle. (b) Commercial operator means the individual, corporation, partnership, joint venture or other entity to which a business license is issued for the purpose of conducting a water business within the waters of…

§6102. Safety and Enforcement. The restrictions cited in these rules and regulations shall not apply in the event of an emergency to law enforcement or rescue craft, or to vessels participating in an event authorized pursuant to an approved marine event permit issued by GPD, or t…

§6103. Penalties. Any person violating any of the provisions of these rules and regulations shall be penalized as provided in Chapter 69, Title 10 of the Guam Code Annotated, as amended.

§6104. Water-Craft Vessel Operations. (a) General Operating Procedures. (1) All MWRC users operating within the waters of the territory of Guam must comply with all United States Coast Guard licensing and safety procedures. (2) The speed limit of all vessels upon rivers and lakes…

§6105. Para-Sailing Activities/Operations. Para- sailing activities shall be conducted in the waters of Guam in compliance with the U.S. Coast Guard and rules and regulations promulgated by the territory of Guam. Para- sailing activities shall further be subject to the following …

§6106. Windsurfing Activities/Operations. Windsurfing activity shall be governed by the following: (a) No person shall engage in windsurfing activity within one hundred feet of a shoreline except in designated areas used for supervised instruction or when launching from or landin…