Title 5, Government Operations

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 SOURCE: GC § 12388 added by P.L. 12-215 (Jan. 29, 1975); repealed and reenacted by P.L. 16-039:12 (Sept. 11, 1981).

[Repealed.]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 …

The purpose of this Article is to promote the conservation, development and utilization of agricultural resources in Guam, to assist the farmers and others engaged in agriculture by authorizing research projects, disseminating information, operating a crop and livestock reporting…

The following definitions shall be used in interpreting this Article: (a) “Board” means the Agricultural Board of Commissioners, as established in this Article; (b) “Bona fide farmer” means a person who is registered with the Department of Agriculture who grows for commercial pur…

There is established an Agricultural Board of Commissioners composed of nine (9) members who shall be appointed by I Maga’håga/Maga’låhi subject to the advice and consent of I Liheslatura. I Maga’håga/Maga’låhi shall appoint six (6) bona fide farmers, as defined in § 63801 of thi…

The Board shall have the following powers and duties: (a) The Board shall be responsible for the conservation, development, and utilization of agricultural resources in Guam, and shall assist farmers and others engaged in agriculture, mariculture and aquaculture by conducting res…

All Board members shall serve staggered terms of six (6) years, except that the first three (3) members shall serve for terms of two (2) years, the next three (3) members shall serve for terms of four (4) years, and the remaining three (3) members shall serve for a term of six (6…

When a vacancy occurs other than by expiration of a member’s term, I Maga’håga/Maga’låhi shall fill the vacancy in accordance with § 63802 of this Article if the remaining term of the vacancy exceeds six (6) months. 2025 NOTE: Reference to the “Governor” replaced with I Maga’håga…

A majority of the Board members shall constitute a quorum.

The Board shall elect a Chairman and Vice-Chairman. The first such election shall take place no later than ten (10) days after all the members of the Board have been confirmed by I Liheslatura. 2025 NOTE: Reference to the “Legislature” replaced with I Liheslatura pursuant to 2 GC…

Regular meetings of the Board shall be held monthly and special meetings may be called by the Chairman or a majority of the Board members. Each call for a special meeting, other than one called by the Board at a regular or special meeting, shall be in writing, signed by the perso…

Notice of the next regular Board meeting shall be announced at every regular Board meeting. Such notice shall be immediately delivered to the Director of Agriculture who shall post such notice for information purposes.

Board members shall be compensated at the rate of Fifty Dollars ($50) per meeting, not to exceed One Hundred Dollars ($100) per month.

Ex officio, non-voting Board members shall consist of but are not limited to, representatives of the Department of Agriculture, College of Agriculture and Life Sciences, Department of Land Management, Guam Economic Development Authority, Guam Waterworks Authority, and locally-bas…

The Chairman shall perform all functions usually performed by an executive or presiding officer. The Vice-Chairman, in the absence of the Chairman, shall perform the duties of the Chairman.

Each member shall be entitled to only one (1) vote. The vote of five (5) members shall be required for any action by the Board to be effective. Absentee voting is prohibited. COL 2025-06-04

Any Board member may bring charges against an officer or other Board member by filing them in writing with the chairman of the Board. The Board may for good cause remove the officer or Board member if six (6) or more members vote for removal. The Board member or officer against w…

The order of business of meetings of the Board shall be: (a) Roll call, (b) Approval of the minutes, (c) Reports from officers and committees, (d) Unfinished business, (e) New business, (f) Informal discussion or entertainment, and (g) Adjournment. ARTICLE 9 GUAM OCEAN AND FISHER…

This Article may be cited as the Guam Ocean and Fisheries Conservation Act of 2015.

There is hereby established within the government of Guam the Guam Ocean and Fisheries Management Council composed of nine (9) voting members who shall be appointed by Maga’hågan/Maga’låhen Guåhan with the advice and consent of I Liheslaturan Guåhan.

Notwithstanding any other provision of law, the duties of the Council shall include the following: COL 2025-06-04 (a) to prepare and coordinate the implementation of the indigenous fishing rights pursuant to Public Law 29-127; (b) to coordinate and promote activities in connectio…

(a) Qualifications. With the advice and consent of I Liheslaturan Guåhan, I Maga’hågan/Maga’låhen Guåhan shall appoint eight (8) voting members to the Council in the following categories: (1) Four (4) Council members shall be appointed from the community-at-large, two (2) individ…

When a vacancy occurs other than by expiration of a member’s term, I Maga’hågan/Maga’låhen Guåhan shall fill the vacancy in accordance with §§ 63902 and 63904 of this Article if the remaining term of the vacancy exceeds six (6) months. Appointments to fill a vacancy shall be for …

(a) The Council shall elect a Chairperson and a Vice Chairperson from among its members, both to serve in those capacities no longer than for their terms of office as Council members. The Chairperson shall preside at all meetings of the Council, shall act as the spokesperson of t…

(a) The Council shall meet regularly at least every other month, and at such times and in such places in Guam as the Council establishes (or by the Chairperson when the Council does not act), to transact such business as the Council determines. (b) The Director of the Department …

The Council by majority vote of its members may invite additional public and private sector members to serve on a voluntary basis without compensation as advisers in the Council’s subcommittees, and may prescribe special procedures for their participation; provided, that no such …

(a) Rules and Regulations. The Council, which shall be assisted by the Department of Agriculture and the Attorney General’s Office, shall from time to time promulgate rules and regulations, in accordance with the Administrative Adjudication Act, Title 5, Guam Code Annotated, Chap…

(a) Establishment. There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Guam Ocean and Fisheries Conservation and Development Fund (hereinafter GOF Conservation and Development Fund). The GOF Conservation and Development Fund…

The Department of Agriculture shall establish, maintain and operate an experimental dairy for the following purposes: (a) Determination and production of dairy cattle most suitable for Guam; (b) Determination of feeds and feeding methods most suitable for dairy cattle in Guam; (c…

Information developed in the operation of the experimental dairy shall be furnished to residents of Guam upon request without charge. The Department of Agriculture shall give without charge to residents of Guam appropriate instructions and demonstrations for teaching the methods,…