Title 5, Government Operations

As used in this Article: (a) “Altering” means to change, damage, impact, break, remove, relocate, or to harm, resulting from activities to include, but not limited to, construction, drilling, trenching, mechanical equipment, and development; (b) “Angling” means taking of aquatic …

The control and regulation of fish and game in and about Guam and the administration of this Article shall be vested in the Department [of Agriculture]. Violations of this Chapter which are not identified as a misdemeanor or felony shall be adjudicated by the Traffic Court Divisi…

The provisions of this Article shall be enforced by the Director, who shall be an ex officio Chief Conservation Officer, and suitable employees of the Department, who the Director may appoint as Deputy COL 2025-06-04 Conservation Officers, as well as by peace officers, as defined…

(a) Creation. There is hereby created within the Department of Agriculture of the government of Guam, the Civilian Volunteer Conservation Officer Reserve, which shall be headed by the Director of Agriculture, hereafter referred to as the Director. The Director, subject to the adv…

It shall be a felony to take any fish using dynamite or any other explosives. SOURCE: GC § 12303. Amended by P.L. 37-048:3 (Nov. 10, 2023).

It shall be a felony for any person to throw, drop or explode any dynamite or other explosive, or cause to be thrown, dropped or exploded any dynamite or other explosive in any waters of Guam whether done for the purpose of taking fish or not. SOURCE: GC § 12304. Amended by P.L. …

It shall be a felony for any person to take any fish by means of any substance which has a poisonous or intoxicating effect upon fish. SOURCE: GC § 12305. Amended by P.L. 37-048:3 (Nov. 10, 2023). COL 2025-06-04

It shall be a felony for any person to deposit, throw, drop or discharge, or cause to be deposited, thrown, dropped or discharged in any manner in the waters of Guam any substance which has a poisonous or intoxicating effect upon fish whether done for the purpose of taking fish o…

It shall be a felony for any person to take fish by means of any device which operates by shocking with an electric current (either AC or DC). SOURCE: GC § 12306.1 added by P.L. 16-039:2 (Sept. 11, 1981). Amended by P.L. 37-048:3 (Nov. 10, 2023).

It shall be a third degree felony for any person who is in the water or close by the shore where fish can be taken, to possess, in the absence of satisfactory cause for possession of the same, any dynamite or other explosive, or any substance which has a poisonous or intoxicating…

It shall be a misdemeanor for any person who is in the water or close by the shore where fish can be taken, to possess, in the absence of satisfactory cause, any device capable of emitting an electric discharge into the water. SOURCE: GC § 12307.1 added by P.L. 16-039:3 (Sept. 11…

The use of nets, flails, hooks and other devices and methods which may result in the taking of, or damage to, fish in violation of regulations governing fishing shall be unlawful. SOURCE: GC § 12308 repealed and reenacted by P.L. 16-039:4 (Sept. 11, 1981).

(a) It shall be unlawful to abandon or discard a gill net in the waters of Guam. (b) It shall be unlawful to leave a gill net, whether attended or unattended, in the waters of Guam for more than six (6) consecutive hours. For the purposes of this Section, the six (6) hour consecu…

It shall be a felony to willfully destroy coral as defined in § 63101(d). COL 2025-06-04 SOURCE: GC § 12308.2 added by P.L. 16-039.6 (Sept. 11, 1981). Amended by P.L. 37-048:4 (Nov. 10, 2023).

It shall be unlawful for any person knowingly to take, buy, sell, transport or possess any fish, or any part thereof, contrary to the provisions of this Article or regulations made under § 63127. SOURCE: GC § 12309.

(a) It shall be unlawful for any person to possess, sale, offer for sale, take, purchase, barter, transport, export, import, trade or distribute shark fins in Guam. Restaurants in possession of shark fins which are prepared for consumption upon the enactment of this Act, may sell…

(a) It shall be unlawful for any person to possess, sale, offer for sale, take, purchase, barter, transport, export, import, trade or distribute ray parts in Guam. (b) Notwithstanding Subsection (a), any person with a valid license or permit issued by the Director of the Departme…

(a) It shall be unlawful for any person to conduct any activity related to the feeding of sharks in Guam’s territorial marine waters. (b) Persons engaged in the taking of marine life that results in captured, injured, or dead fish being incidentally eaten by sharks shall not be c…

The Director of the Department of Agriculture shall develop rules and regulations, in accordance with the Administrative Adjudication Act (AAA), Title 5, Guam Code Annotated, Chapter 9, to carry out the provisions of this Act. Such rules and regulations may be revisited annually …

(a) Every five (5) years this Act shall be reviewed by the Department of Agriculture to determine if changes are necessary. In so doing, the Department shall consult with the University of Guam Marine Laboratory, the National Oceanic and Atmospheric Administration, local fisherme…

(a) It shall be unlawful for any person to place or maintain a fish weir in the waters of Guam unless he or she holds a valid license from the Director of Agriculture, hereinafter referred to as Director. The Director may, at his or her discretion, issue such a license imposing s…

Fish may be taken by lawful means at any time except as prohibited by regulation made under § 63127; provided, however, that it shall be unlawful for any person to place or maintain a drag net (Chenchulu or tekin) within Hagåtña Boat Basin proper; and further provided that anglin…

The purpose of the marine preserve is to protect, preserve, manage, and conserve aquatic life, habitat, and marine communities and ecosystems, and to ensure the health, welfare and integrity of marine resources for current and future generations by managing, regulating, restricti…

All forms of fishing, and the taking or altering of aquatic life, living or dead coral and any resources to include, but not limited to, mangroves, seagrass, sand, and rocks within a marine preserve, shall be a felony, except as specifically permitted by the Director of Agricultu…

(a) It is unlawful to take any fish with a spear or any other device used for the purpose of taking fish while SCUBA diving, as defined in § 63101(dd) of this Article, unless otherwise authorized pursuant to § 63123 of this Article. (b) Enforcement. Any person empowered by law to…

It shall be unlawful for any person to kill, maim or injure any fish or game without making a reasonable effort to retrieve the fish or game and to include it in his or her daily bag or creel limit. SOURCE: GC § 12311.1 added by P.L. 12-163 (Sept. 6, 1974).

(a) The purpose of a community-based fisheries management strategy is to empower coastal resource communities to protect, preserve, manage, and conserve aquatic life, habitat, and marine communities and ecosystems, and to ensure the health, welfare and integrity of marine resourc…

(a) The Director of the Department of Agriculture and the Director of the Bureau of Statistics and Plans shall provide the necessary technical assistance to the Mayor and Municipal Planning Council (MPC) of Humåtak to designate Humåtak Bay, inclusive of adjacent reef areas as ide…

Nothing in §§ 63117.1 or 63117.2 shall allow for any changes to existing designated Marine Preserves on Guam, as provided in 9 GAR Chapter 12. SOURCE: Added by P.L. 34-072:6 (Feb. 9, 2018).

The following wild animals may be taken in the daytime: (a) wild dogs; (b) wild cats; (c) reptiles; (d) rats; or (e) feral pigs. SOURCE: GC § 12312 amended by P.L. 8-043 (July 30, 1965). Amended by P.L. 35-106:2 (Oct. 30, 2020). COL 2025-06-04

The following wild birds may be taken in the daytime: (a) Black drongos; (b) Rock doves (domestic pigeons); (c) Black-headed mannikin: (d) European tree sparrow; (e) Feral chickens. SOURCE: GC § 12313, amended by P.L. 7-029 (May 10, 1963); repealed and reenacted by P.L. 16-039:15…

It shall be unlawful for any person to take, buy, sell, transport or possess any wild bird, or any part thereof, or wild bird eggs, except as authorized in this Article or as authorized by regulations made under

It shall be unlawful for any person to take, buy, sell, transport, or possess any wild or feral animal, or any part thereof, except as authorized in this Article or as authorized by regulations made under 5 GCA §§ 62104, 62104.3(i), and 63127. SOURCE: GC § 12315. Repealed and ree…

Any owner or tenant of land or property that is being damaged or destroyed, or is in danger of being damaged or destroyed by any protected wild bird or wild or feral animal, may apply to the Director for a revocable permit to take such wild bird, or wild or feral animal. The Dire…

The Director may issue, free of charge, to any qualified person, a license to take and transport fish or game, at any time, for scientific or educational purposes. Such a license shall be valid at the discretion of the Director and shall show upon its face the period of its valid…

(a) It shall be unlawful for any person to import any game without first obtaining a license issued by the Director. The Director may, in his or her discretion, issue such a license imposing such conditions on the face thereof as are necessary for the control of such game. COL 20…

It shall be a misdemeanor for any person to take any game with a spotlight or any other artificial light of any kind. To be found with any spotlight with any rifle, shotgun or other firearm, and with ammunition, after sunset, in any wooded section or other place where any game ma…

[Repealed.] SOURCE: P.L. 19-004 (May 21, 1987), sections 24 and 25. Section 26 of P.L. 29-004 (Sept. 6, 2007) directs the Compiler of Laws to place sections 24 and 25 in the appropriate place in the Guam Code Annotated. Subsections (a) and (b) amended by P.L. 19-5:114 (Aug. 21, 1…

[Repealed.] SOURCE: Added by P.L. 25-030:6 (June 4, 1999). Repealed by P.L. 25-186:8 (Jan. 11, 2001). CROSS-REFERENCES: See 5 GCA Chapter 62, Article 1 for new law dealing with the same subject matter as contained in these two repealed sections. The former are replacements for th…

Regulations implementing this Article shall be formulated, approved and issued in accordance with the procedures set forth in the Administrative Adjudication Act, which regulations may include but shall not be limited to the following: (a) To fix, close, terminate, shorten or div…

Paraphernalia, Beasts of Burden, Traps, Firearms, Electrical Devices, or Vehicles; Seizure; Forfeiture Proceeding; Sale or Destruction. (a) Any net, vessel including engines, motors and all vessel accessories, paraphernalia, including SCUBA diving equipment, spearguns, or spears,…

(a) Any person violating § 63104, § 63105, § 63106, § 63107, § 63108, § 63109, § 63113, § 63114.1, § 63114.2, or § 63116.3 of this Article is guilty of a felony punishable by imprisonment of not more than five (5) years, or by a fine of not less than One Thousand Dollars ($1,000)…

(a) There is hereby established a fund to be known as the “Wildlife Conservation Fund” (Fund) which shall be maintained separate and apart from any other funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith. All license…

The Director of Agriculture shall not issue or re-issue any annual hunting or fishing license provided under this Article or regulations adopted under this Article to any person upon receipt of a certification from the Attorney General of Guam that the person is in non-compliance…

All references in Guam statutes and regulations to terms defined by Title 5 GCA § 63101 are hereby modified to reflect the updated CHamoru spelling therein. SOURCE: Added by P.L. 28-107:5 (April 14, 2006). Amended by P.L. 37-048:8 (Nov. 10, 2023).

(a) The policy of the government of Guam is that the CHamoru people shall have special rights to off- shore (fishing and harvesting of resources in order to redress historical discriminatory policies. The CHamoru people, the Native Inhabitants of Guam, are defined in Title 1 GCA,…