Title 5 — Government Operations

This Article shall be known as the “Endangered Species Act of Guam.” SOURCE: GC § 12325 repealed and reenacted by P.L. 15-036:1 (June 14, 1979).

The purposes of this Article are to provide authorization whereby the ecosystem upon which resident endangered or threatened species depend may be protected and conserved; to develop and provide a program for the conservation and management of such endangered and/or threatened sp…

(a) “Agent”, “Employee” or “Officer” means any Department employee authorized by the Director to carry out any power granted by this Article. (b) “Conserve”, “Conserving” and “Conservation” mean the use of any and all populations of plants and wildlife declared threatened or enda…

It is declared to be the policy of the government of Guam that all departments and agencies shall seek to conserve Guam’s resident threatened and endangered species and that they shall utilize their authorities in furtherance of the purposes of this Article by taking such steps a…

(a) Regulatory power for the purposes of this Article shall be vested in the Department of Agriculture (hereinafter referred to as the Department) which is responsible for the management and the conservation of plant and wildlife resources of Guam. (b) The Department shall conduc…

With respect to any threatened or endangered species of plants or wildlife of Guam and the United States, it is unlawful, except as provided herein, for any person or organization, subject to the jurisdiction of Guam to: (a) import or export any such species to or from Guam and i…

The Department may permit, through licenses, stamps, certificates or agreements, under such terms and conditions as it may prescribe, § 63206 notwithstanding, an act for the enhancement, perpetuation, conservation or survival of the affected species in question, provided that suc…

(a) Any authorized officer or agent empowered by the Department with police powers to serve and execute warrants, to arrest offenders, or to issue citations throughout Guam, or any officer or agent of Guam Customs and Quarantine, or any police officer of Guam shall have the autho…

(a) Any person or persons who non-commercially knowingly violates any of the provisions of this Article or the provisions of any regulation, rule or order promulgated hereunder, shall be fined not more than Two Hundred Fifty Dollars ($250). (b) Any person or persons who knowingly…

Should any section, subsection, paragraph, sentence, clause or phrase of this Article or any regulation, rule or order promulgated pursuant thereto be held invalid for any reason by a competent court having jurisdiction, such decision shall not affect the validity of the remainin…

(a) Any person may commence a civil suit on his or her behalf: (1) to enjoin any person, including the government of Guam, or any other governmental instrumentality or agency (to the limits permitted by the Eleventh Amendment to the Constitution of the United States), who is alle…

The Department of Agriculture shall be responsible to protect, develop and manage Guam’s public lands in a manner that will conserve the basic soil resources, and at the same time produce continuous yields of water, wood fiber, forage, recreation and wildlife for the use and bene…

The cutting, removal or mutilation of live trees (except tangantangan) on all government of Guam lands without a license is prohibited. All applicants for such license shall make a written request to the Director, designating the kind, size and number of trees to be cut and remov…

Any person who violates § 63302 of this Article shall be subject to penalties as described in § 63708. SOURCE: GC § 12327 added by P.L. 3-103 (Aug. 1, 1956); repealed by P.L. 16-062:4 (Feb. 8, 1982) (GC § 12390.2 - same subject heading).

Legislative Intent. (a) It is the intent of I Liheslatura to preserve Guam’s traditions and culture in the arts. In order to revitalize the traditional arts of wood carving and weaving, it is necessary to develop a forestry program (the Program) to plant Ifet (also known as Ifil)…

The Department, in cooperation with the Department of Parks and Recreation and other agencies of the government of Guam, shall control and manage land and waters that have been set aside by the government of Guam as Conservation Reserves. Such control and management shall have as…

The Director shall consult with advise the Directors of Land Management, and Parks and Recreation with respect to the reservation of government land pursuant to § 26007 and § 26009 of the Government Code of Guam. SOURCE: GC § 12391.1 added by P.L. 16-062:4 (Feb. 8, 1982). No earl…

It shall be unlawful for any person to start, or allow a fire to extend, onto government land or the land of another causing damage or destruction to plant or animal life or to any property thereon. Any person violating this Section shall be guilty of a misdemeanor. SOURCE: GC § …

This Article shall be cited as the Guam Forestry Legacy Act of 2012.

(a) The protection and conservation of natural resources and natural habitats or ecosystems, open spaces and historic artifacts, and land for outdoor recreation and education is of critical importance to the people of Guam, to whom the land belongs, and demands ever-increasing vi…

As used in this Article: (a) “Department” means the Guam Department of Agriculture. (b) “Director” means the Director of the Guam Department of Agriculture. (c) “System” means the Guam Forest System. (d) “Inventory” means a list of lands, identified by the Department of Agricultu…

The Department shall develop a “Guam Forest System Plan”, which shall be submitted to I Maga’hågan/Maga’låhen Guåhan, and transmitted to I Liheslaturan Guåhan for approval, in accordance with the Administrative Adjudication Act. This plan shall contain, but not be limited to: (a)…

Within ninety (90) days of the approval of the “Guam Forest System Plan,” the Department shall promulgate rules and regulations, in accordance with the Administrative Adjudication Act, to support the Plan and the operations of the Guam Forest System. Proposed rules and regulation…

(a) Inventory. The Department, in coordination with the Department of Land Management, shall inventory land that belongs to and has been reserved for the Department that is suitable for use for the Guam Forestry System. The adopted Forest System Plan is not intended to transfer a…

Land that is part of the Guam Forest System shall not be sold. Such land, however, may be leased to other entities pursuant to § 63504(l) supra, provided that leased land shall be used only for the following purposes: (a) recreation, excluding activities that are detrimental to t…

The Department may establish “Memoranda of Agreement” with other agencies and organizations, including, but not limited to: (a) Department of Parks and Recreation; (b) Guam Environmental Protection Agency; (c) University of Guam (UOG) and relative departments or programs, includi…

Funding for the planning and development of the Guam Forest System may come from, but is not limited to, the following sources: (a) Federal Assistance for Fire Control, Watershed Protection and Reforestation pursuant to §1421o and §1421p of the Organic Act of Guam; and (b) USDA F…

Department of Agriculture Conservation Officers shall use the authority given to them as defined in § 63103 and § 63103.1 of Chapter 63, Title 5, Guam Code Annotated, to serve as peace officers, to carry arms, to make arrests, and to issue citations for violations, and shall be a…

It shall be unlawful to remove live coral from that area surrounding the Island of Guam extending from the shore of the island outward to the ten fathom contour, except in accordance with this Article. SOURCE: GC § 12380 added by P.L. 12-186 (Nov. 20, 1974).

(a) The commercial harvesting of coral may be conducted by obtaining a license from the Director of Agriculture and the payment of a fee as established by the Director. (b) For purposes other than the sale of coral, live coral may be taken only by obtaining a license from the Dir…

(a) Permits for the commercial taking of coral may be issued by the Director of Agriculture upon the following conditions: (1) The permit must state the individual or individuals who will be taking the coral; (2) The permit must state the time, date and location from which the co…

[Repealed.] SOURCE: GC § 12383 added by P.L. 12-186 (Nov. 20, 1974); amended by P.L. 13-187:109 (Sept. 2, 1976); repealed by P.L. 16-039:12 (Sept. 11, 1981) - by implication. P.L. 16-039:12 added what is now § 60607, providing contrary penalties to those of this section.

This Article shall be enforced primarily by the Director of Agriculture and the Conservation Officers as authorized by § 63103 of this Chapter and secondarily by Peace Officers defined in 8 GCA § 5.55. SOURCE: GC § 12384 added by P.L. 12-186 (Nov. 20, 1974); amended by P.L. 13-18…

It shall be unlawful for any person to use net (other than small hand nets) with a stretched mesh of less than one and one-half inches (1½”), provided, however, that: (a) Persons catching live fish for aquarium purposes may obtain permits from the Director of Agriculture for the …

Possession Prohibited. The manufacture, assembly, importation, transshipment, transfer from one vessel or aircraft to another vessel or aircraft, or possession of pelagic drift nets, components, or materials destined for their manufacture, in the territory or waters of Guam is pr…

Transshipment or Possession Prohibited. The importation, transshipment, transfer from one vessel or aircraft to another vessel or aircraft, or possession of fish or fish products harvested with a pelagic drift net is prohibited in the territory, including the waters of Guam. Any …

Any violation of this Article shall be punished as prescribed in § 63127 and § 63128 of this Chapter. SOURCE: GC § 12388 added by P.L. 12-215 (Jan. 29, 1975); repealed and reenacted by P.L. 16-039:12 (Sept. 11, 1981).

[Repealed.] SOURCE: GC § 12386 added by P.L. 16-039:13 (Sept. 11, 1981); amended by P.L. 16-114:1 (Oct. 19, 1982). NOTE: The amendment to this Section by P.L. 16-114, among other changes, stated: “The prohibition imposed in this Section shall expire on October 1, 1983.”

(a) The Department of Agriculture shall have the authority to issue permits for the use of poison, electrical devices or small mesh nets for the purpose of bona fide scientific research. (b) Limitations and Prohibitions. (1) Each person employing a restricted device or compound s…

(a) “Wild areas” are those areas designated such by the Director and left undisturbed, except for occasional use or influence by man in their national condition. (b) “Wildland fires” are the intentional, accidental or natural burning of the vegetated wild areas. SOURCE: GC § 1239…

The Department shall take measures for the prevention, control and extinguishment of wildland fires on government of Guam and private lands. It shall also cooperate with the Fire Department, other government of Guam agencies, and the appropriate federal government agencies in dev…

The Director shall be responsible for the development and implementation of organizational plans and consequential actions related to this Article. The Director shall designate qualified personnel as Fire Prevention Officers within the Department to: (a) zone Guam lands under the…

During periods of weather when the Director determines that the risk of fire is high, he or she shall establish a fire danger period by issuing a fire warning, which contains information setting forth the fact. This fire warning along with a designation of areas within which burn…

The Director, in cooperation with the Fire Department, shall designate Burning Permit Officers to issue burning permits. The Burning Permit Officers shall be qualified fire prevention personnel from the Department of Agriculture or the ranking officer in charge at each Fire Depar…

The Department of Agriculture and the Fire Department shall be responsible for the issuance of burning permits in wild areas. The issuance of permits shall be at the discretion of the issuing officer who shall take into account whether or not the issuance of such a permit is comp…

(a) Any person who discards burning materials or who willfully, maliciously or negligently sets a fire that burns vegetation on land not owned, leased or controlled by him shall be guilty of incendiarism, which is subject to penalties as described in § 63708. (b) Setting fires, c…

Any person who violates any provision of this Chapter shall be subject to any combination of the following: (a) a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000); or (b) a misdemeanor, punishable by imprisonment of not more than one (1) year; or (…

(a) Any person may maintain an action for declaratory and equitable relief to restrain violations of this Chapter. No bond shall be required for an action under this Subsection. (b) Any person may maintain an action for the recovery of civil penalties provided in § 63708. (c) The…

Any person who successfully completes service in the Alternative Community Service Program for violations of this Chapter and is a first time offender may apply to the court for an order to expunge from all official records (other than the non-public records to be retained by the…

The provisions of this Article shall be enforced by the Director, who shall be exofficio, the Wildland Fire Enforcement Officer, and suitable employees of the Department whom he or she may appoint as Deputy Wildland Fire Enforcement Officers, as well as by peace officers defined …