Guam Administrative Code

§4111. Same: Salvage . If a vessel is moored so as to be in danger of sinking, the Department shall, after making reasonable effort to give due notice and opportunity of its owner or agent to effect appropriate remedy, take action as the circumstances require to save or rescue th…

§4112. Same: Liability - Content. (a) Acceptance of a permit shall constitute an agreement that the permit holder will hold the Government and its authorized representatives completely blameless for any liability in connection with the operation, docking, tying or mooring of any …

§4113. Same: Age Restriction. No permits shall be issued to minors under eighteen (18) years of age. No persons under twelve (12) years of age shall be admitted to the marina unless accompanied by an adult who shall assume full responsibility for his safety and conduct.

§4114. Same: Non-Transferability of Permits. A permit granted by the Director shall not be assigned or transferred. Persons holding a permit may not sublease the space assigned to the holder of such permit nor allow any person to dock, moor or otherwise use such space and the sam…

§4115. Same: Auction on of Abandoned Undocumented Vessels to Collect Delinquent Fees. In the event any vessel is abandoned or any owner is delinquent in the payment of any fee or charge after reasonable notice, the Director may publicly auction off such undocumented vessel, apply…

§4116. Same: Cases Involving Seizure and Auction of Documented Vessels . Documented vessels which are abandoned or delinquent in the payment of any fees or charges shall be referred to the U.S. Attorney for further action.

§4117. Same: Report of Change of Ownership, Address and Other Material Factors. (a) The owner of any vessel moored in the marina shall notify the Department in writing within seven (7) days if: (1) He no longer has possession of the vessel; or (2) All or any interest in the vesse…

§4118. Sanitation: Standard. All vessels and any property or facility used in the marina shall be kept, at all times, in condition of reasonable cleanliness and sanitation so as not to constitute a common nuisance or potential danger to public health. CH. 4 - AGANA BOAT BASIN - 1…

§4119. Same: Garbage and Other Offensive Matter. No person shall have or keep on his vessel any offal, garbage, decaying matter or any other matter which gives off an offensive odor except when the same is being disposed of as garbage and is kept in a receptacle which shall be ke…

§4120. Same: Flies. No person shall have or keep on his vessel any article, sub stance or thing whatsoever in which flies may breed, unless the same be kept securely protect ed from flies.

§4121. Same: Rodents . No rubbish or waste of any kind shall be placed, left, dumped or permitted to accumulate or remain on any vessel or in the vicinity of the same, in such a way so as to constitute a breeding place for rodents.

§4122. Same: Littering Land Areas - Prohibited . No person shall throw, place, leave, deposit or abandon or cause or permit to be thrown, placed, left, deposited or abandoned any litter within the marina, except in receptacles designated by the Department for the disposal of such…

§4123. Same: Littering or Polluting Water - Prohibited . No person shall place, throw, deposit or discharge into the waters of the marina any litter, sewage or other gaseous, liquid or solid materials which might render the water unsightly, noxious or otherwise unwholesome so as …

§4124. Same: Marine Toilets - Restrictions. (a) No toilet on a vessel or contrivance shall be operated so as to discharge any treated or untreated sewage directly or indirectly into the waters. (b) No person on a vessel or contrivance equipped with a toilet shall use or permit th…

§4125. Fire Safety: Standard . All vessels and all property or facilities used at the marina shall be used in such manner and maintained in such condition as not to constitute a potential fire hazard.

§4126. Same: Appliances and Electrical Wiring . All cooking or heating appliances or any other machinery, equipment, utensils or apparatus which is used at the marina and could be the cause of fire shall be so constructed, installed, wired, situated, maintained and used so as to …

§4127. Same: Fire Extinguishing Equipment. Any vessel utilizing the waters of the marina shall be provided with approved fire extinguisher in keeping with U.S. Coast Guard Regulations. The extinguisher shall at all times be maintained in good and serviceable condition for immedia…

§4128. Same: Fueling. (a) The fueling of vessels at the marina where a marine fueling station has been established, shall be accomplished only at such station: (1) Prior to fueling a vessel, the operator shall: (A) Securely moor the vessel. (B) Stop all engines, motors, fans and …

§4129. Same: Smoking . Smoking shall be prohibited when so prescribed by signs, and regardless of the Department's failure to post signs, no smoking or lighting of a match or any other fire-generating device shall be permitted within a fifty (50) foot radius of any fueling operat…

§4130. Same: Dumping of Combustibles . No person shall dump, discharge or pump oil, spirits, gasoline, distillate, any petroleum product or any other flammable material whatsoever into the water. All discharges of any quantity will be reported to the Coast Guard and the responsib…

§4131. Same: Emergency Exits. Each vessel shall be provided with adequate exits to afford sufficient paths of escape in case of emergencies. The number and location of such exists shall be commensurate with the size, type and make of each vessel.

§4132. Same: Open Fires. Charcoal grills and similar open fire cooking devices shall, while lighted, be attended at all times.

§4133. Same: Lifesaving Equipment Required. Any vessel utilizing the waters of the marina shall be equipped with the required Coast Guard approved lifesaving CH. 4 - AGANA BOAT BASIN - 1997 - P. 10 devices. The lifesaving equipment shall at all times be kept in good and serviceab…

§4134. Maintenance and Storage: Standard . Every vessel and all other personal property and facilities at a small boat harbor shall be kept in such condition of repair, maintenance, neatness and orderliness so as not to constitute a common nuisance, substantial danger to person o…

§4135. Same: Storage . (a) No person shall store supplies, materials or equipment on catwalks, piers, sidewalks, parking areas or any other public area at the marina, except: (1) in areas set aside by the Department for storage purposes; or (2) upon prior consent by the Departmen…

§4136. Same: Special Areas . The Department may designate areas to be used only for specified purposes or operations, as required from time to time.

§4137. Same: Gear Lockers. No person shall construct a gear locker at the marina without the prior written approval of the Department.

§4138. Miscellaneous Rules and Regulations: Standard. Persons using the docking facilities of the marina shall at all times comply with any reasonable request of the Director or any other person designated by him to be in charge of such boat basin for the purpose of facilitating …

§4139. Same: Tampering With or Damaging a Vessel or Government Property; Construction of Structures . (a) No person shall deface, mark, damage or erect any structure or attach any wood, metal or other material to the dock facilities or the dock, piling or wharf belonging to or un…

§4140. Same: Launching Restriction. No person shall lift, drag, launch or otherwise cause any boat to be dragged, lifted, launched, passed upon or otherwise taken across the dock, bulkhead, pilings or other dockage facilities, wharf, catwalk or dockage installations surrounding o…

§4141. Same: Loitering and Trespassing Prohibited. Loitering, trespassing in boats, unauthorized climbing and boarding, damaging or interfering with boats docked, stored or moored in the marina is prohibited.

§4142. Same: Lines; Requirements . Owners of boats are required to supply, install and maintain their own lines for mooring, tying and securing their boats. In the case of out boards, rowboats and other small crafts, sixteen (16) feet or under, 3/8" line is required; other waterc…

§4143. Same: Small Crafts; Restrictions. Dinghies, rowboats, floats or any small craft usually tied to the stern of a larger boat are not permitted in the marina except when firmly secured to the upper deck of the accompanying boat or placed in the davits which are usually provid…

§4144. Same: Repairs . Only emergency repairs are permitted on boats stored at the marina, except at designated repair or dry docking areas for periods of such use necessary, and subject to prior approval of the Director. CH. 4 - AGANA BOAT BASIN - 1997 - P. 12

§4145. Same: Appearance and Sanitation; Responsibility. Boat owners holding permits to lock or moor their boat at the marina shall be responsible for the appearance and cleanliness of the boat, piling and bulkhead in front of and adjacent to the berth or dock space assigned to su…

§4146. Same: Speed Limit. No boat shall be operated at a greater speed than is reason able nor more than four (4) miles per hour in the marina. The term speed shall mean the speed of a boat as measured in slack water in statute miles. All boats are responsible for damage caused b…

§4147. Same: Swimming. No person shall bathe, wade, snorkel, scuba dive or swim in any waters of the marina, except during those activities necessary in the launching, removal or emergency repair of vessel.

§4148. Same: Responsibility of Boat, Equipment and Installations. The Government shall not be responsible for the loss, damage, theft, destruction or other injury to any boat, vessel or watercraft including equipment, fixtures and contents of any boat, vessel or water craft for w…

§4149. Same: Personal Injury and Property Damage . The Government shall not be responsible for any personal injury, loss of life or damage to property, to passengers, guests, visitors, spectators or employees of permit holders in connection with the use of the marina. By the acce…

§4150. Same: Solicitation and Advertisement. No person shall solicit alms or contributions for any purpose at the marina nor post or distribute advertisements or other matter for advertising purposes, except as conducted or approved by the Director or his agent and then not to ex…

§4151. Same: Berthing Rates. (a) Assigned slips or mooring areas: Apr. - Nov. Dec. - Mar. Under 16 feet $15 monthly $10 monthly 16 - 23 18 12 CH. 4 - AGANA BOAT BASIN - 1997 - P. 13 24 - 39 30 20 40 and over 40 30 (b) At the transient "hotel" dock: All Year Under 16 feet $1 per d…

§4152. Fishing Methods. Angling and cast-net (talaya) fishing are the only approved methods of fishing within the Agana Boat Basin proper and within fifty (50) feet of the western edge of the Agana Boat Basin channel, provided that: (a) When angling, not more than three (3) hooks…

§4153. Same: Net and Trap Devices. Net and trap devices of all kinds shall not be used for fishing in the area within one hundred fifty (150) yards of the shoreline surrounding the Agana Small Boat Basin and the Paseo de Susana Shoreline adjacent to the channel.

§4154. Same: Definition. For purposes of this regulation, the following terms are defined as follows: (a) Angling . Fishing with a hook and line in an attempt to catch the fish by piercing a hook internally through the mouth of the fish. (b) Snagging . Fishing in a manner with vi…

§4155. Penalties. NOTE : Rule-making authority cited for formulation of Agana Boat Basin regulations by the Director of Parks and Recreation, §3115, Chapter 3, 5 GCA. Regulatory power for Agana Boat Basin regulations was originally vested in the Director of Commerce, §3110, Chapt…

§5101. Definitions. (a) Department means Department of Parks and Recreation, Government of Guam. (b) Director means Director of the Department of Parks and Recreation, Government of Guam. (c) Sports means any organized athletic activity performed to provide conditioning and enjoy…

§5102. Authority. Public Law 14-33 established the Fund. It is required that the Department promulgate rules and regulations to establish procedures for grant applications, priorities of the Fund, limitations by type of sports and events on the number of team members or coaches s…