Title 5 — Government Operations

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,…

Milk and other dairy products, breeding stock and other cattle produced at the dairy may be sold at prevailing market prices. All proceeds of such sales shall be promptly transmitted to the Treasurer of Guam and deposited in the General Fund. SOURCE: GC § 12402; amended by P.L. 5…

[Repealed.] SOURCE: GC § 12403; repealed by P.L. 5-033:2 (1959) effective July 1, 1959 pursuant to P.L. 5-033:3. ----------

The Department of Agriculture (the “Department”) shall establish a program to compensate bona fide farmers for any losses to their crops or property, such as damaged access roads to the farms, due to natural disasters such as typhoons, severe rain storms, floods and droughts.

The Department is authorized to establish criteria to accomplish the purpose set forth in this Chapter.

The Department shall immediately, but no later than fifteen (15) days after the occurrence of a natural disaster, submit to the Legislature the Department’s estimate of the amount of funds necessary to implement this Chapter. ----------

This Chapter shall be known as the Guam Land Conservation Act. SOURCE: GC § 12500 as added by P.L. 12-225. In the 1974 Supplement to the Government Code, this Chapter is found as GC § 12600 et seq. All SOURCE references in this Chapter are to P.L. 12-225 unless noted otherwise.

As used in this Chapter, unless otherwise apparent from the context: (a) Agricultural commodity means any and all plant and animal products produced in Guam for commercial purposes. (b) Agricultural use means use of land for the purpose of producing an agricultural commodity for …

Notwithstanding any provision of this Chapter to the contrary, the following may be included within an agricultural reserve pursuant to this Chapter: (a) Land devoted to recreational use; (b) A wildlife habitat area which is a land or water area designated by the Department as an…

(a) Beginning January 1, 1974, the Department, after a public hearing may establish agricultural preserves. No later than thirty (30) days prior to any such hearing the Department shall publish in a newspaper of general circulation in Guam a notice which shall include a legal des…

Preserves. For the purposes of this Chapter, the Department shall adopt rules governing the administration of agricultural preserves, including procedures for initiating, filing and processing requests to establish agricultural preserves. Such rules shall be applied uniformly thr…

In the event any proposal to disestablish or to alter the boundary of an agricultural preserve will remove land under contract from such a preserve, notice of the proposed alteration or disestablishment and the date of the hearing shall be furnished by the board or council to the…

(a) Any proposal to establish an agricultural preserve shall be submitted to the Guam Land Use Commission. Within thirty (30) days after receiving such a proposal, the Guam Land Use Commission shall submit a report thereon to the Department; provided, however, that the Department…

The effect of removal of land under contract from an agricultural preserve shall be the equivalent of notice of nonrenewal by the Department and the Department shall, at least sixty (60) days prior to the next renewal date following the removal, serve a notice of nonrenewal as pr…

Whenever an agricultural preserve is established and so long as it shall be in effect, a map of such agricultural preserve shall be filed and kept current by the Department of Agriculture with the Department of Land Management. SOURCE: GC § 12509.

Notwithstanding any determining of compatible uses by the Department pursuant to this Chapter, unless the Department, after notice and hearing, makes a finding to the contrary, the erection, construction, alteration, or maintenance of electric, water, or communication utility fac…

The Department may, by contract, limit the use of agricultural land for the purpose of preserving such land pursuant and subject to the conditions set forth in the contract and in this Chapter. A contract may provide for restrictions, terms and conditions, including payments and …

(a) If such a contract is made with any landowner, the Department shall offer such a contract under similar terms to every other owner of agricultural land within the agricultural preserve in question. (b) However, except as required by other provisions of this Chapter, the provi…

The Department may not contract with respect to any land pursuant to this Chapter unless the land (a) is devoted to agricultural use, and (b) is located within an area designated as an agricultural preserve. SOURCE: GC § 12513.

Every contract shall: (a) Provide for the exclusion of uses other than agricultural and other than those compatible with agricultural use, for the duration of the contract; (b) Be binding upon, and inure to the benefit of, all successors in interest to the owner. Whenever land un…

Each contract shall be for an initial term of no less than ten years. Each contract shall provide that on the anniversary date of the contract, or such other annual date as specified by the contract, a year shall be added automatically to the initial term unless notice of nonrene…

Notwithstanding the provisions of § 65305, if the initial term of the contract is for twenty years or more the contract may provide that on the anniversary date of the contract or such other annual date as specified by the contract beginning with the anniversary date on which the…

(a) If either the landowner or the Department desires in any year not to renew the contract, that party shall serve written notice of nonrenewal of the contract upon the other party in advance of the annual renewal date of the contract. Unless such written notice is served by the…

If the Department or the landowner serves notice of intent in any year not to renew the contract, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract, as the case may be. SOURCE: GC …