Guam § 60107 - Violation.

§ 60107. Violation.

(a) The Director of the Department of Agriculture, through

the Administrative Adjudication Law, is hereby authorized to

enact schedules for penalties and citations that:

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(l) do not exceed One Thousand Dollars ($1,000.00) per

incident; and

(2) allow any peace officer on Guam to issue a citation

for a violation of Chapters 60 and 63 of Title 5 of the Guam

Code Annotated, their supporting regulations and Public Law

24-21 as appropriate.

(b) (1) A citation issued pursuant to Chapters 60 and

63 of Title 5 of the Guam Code Annotated, their supporting

regulations and Public Law 24-21, shall be accompanied by

a notice to appear at the Traffic Court Division of the

Superior Court of Guam. Failure of the person cited to appear

as directed by the notice may subject him to further penalties

for contempt of court.

(2) Violations of this Article shall be prosecuted in the

Traffic Court Division of the Superior Court of Guam, which

shall impose the penalties created herein. Parents and legal

guardians shall be responsible for any violations hereof

committed by minors under their custody.

(c) All monies collected by the court for fines and penalties

imposed hereunder shall be transferred to the Wildlife

Conservation Fund as described in § 63130 of Article 1, Chapter

63, Division 6 of Title 5 of the Guam Code Annotated. The

Superior Court shall render a quarterly report to the Department

of Agriculture reflecting defendants' names, addresses and other

identifying information regarding violators who have been

ordered to remit fines and penalties. The Superior Court shall

create forms approved by the Director of the Department of

Agriculture for citations, record violations, provide for the

administration of the prosecution of violators and establish an

orderly, secure and efficient procedure for the processing of

Natural Resource citations pursuant to Subsections (a) and (b)

hereof.

(d) The Director of the Department of Agriculture may enter

into such written Memoranda of Understanding with the Superior

Court of Guam and other government of Guam agencies as are

necessary to effectuate the purposes of this Act.

(e) The Director of the Department of Agriculture may also

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enact such regulations to effectuate the purposes of this Act as are

appropriate. The existing penalties as described in § 63129 of

Chapter 63 of Title 5 of the Guam Code Annotated, Public Law

28-107, and their supporting regulations to include Public Law 24-

21 shall remain in effect until the new schedule of penalties and

citations is enacted.

(f) Nothing in this Section shall nullify or modify any civil or

criminal law enforcement powers, penalties or obligations granted

by federal or local law to the Department of Agriculture to punish

offenses of the hunting and fishing laws of Guam, including, but

not limited to, the right to perform searches and seizures, to make

lawful arrests and to seek and recover the forfeiture of items

employed by violators.