Guam § 63115 - Fish Weirs.

§ 63115. Fish Weirs.

(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 such conditions on the face thereof as are

necessary so as not to unjustly restrict the fishing of others nor result in the violation of provisions of this

Article and supporting regulations. Any applicant for a permit to place or maintain a fish weir shall not be

required to obtain a land use permit to place a fish weir on submerged public lands.

(b) Limitations and Prohibitions.

(1) Main Weir: No wing exceed three hundred (300) feet in length. No leader shall exceed five

hundred (500) feet in length.

(2) Auxiliary Weir: No wing shall exceed one hundred fifty (150) feet in length. No leader shall

exceed two hundred fifty (250) feet in length.

(3) The mesh of the netting used in the construction of fish weirs, main or auxiliary, shall be such

as to permit the passage of objects or organisms measuring less than one (1) inch in diameter or one

(1) inch square.

(4) No permit shall be issued authorizing more than one (1) main weir and two (2) auxiliary weirs

for the area covered by such permit.

(5) The area covered by a single permit shall be contiguous, but this shall not be construed to

authorized installations of fish weirs anywhere within such area if otherwise prohibited.

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(6) No person shall place, install, construct, maintain or operate any fish weir, including any part

of component of a fish weir, except as authorized by a permit issued under this Article.

(c) Location of Fish Weirs. No fish weir or any or component thereof shall be located within one

hundred (100) feet of the mean high water mark, one hundred fifty (150) feet of any boat channel, six

hundred (600) feet of a sewage outlet opening, or two hundred (200) feet from the fish weir of another

permittee, or outside the area covered by the permit. No permit will be issued for the location of a fish weir

at any other site determined by the Director to be detrimental to the best interest of the public or responsible

fisheries management.

(d) Application for Permit. Any applicant for a permit to place and operate one or more fish weirs in

the waters of Guam shall submit complete and signed applications for the placement and operation thereof

to the Director in a form prescribed by him. The application shall show

(1) the name and address of the applicant;

(2) the area requested to be covered by the permit; and

(3) the number of fish weirs (pocket or traps) applied for.

(e) Investigation. Upon receipt of a complete and signed application, the Director shall promptly cause

an investigation of all aspects of the application to be made.

(f) Issuance of Permit. When all the requirements set forth in this Section have been met, and the

application has been approved by the Director, he or she shall issue a permit in a form prescribed by him.

The original copy shall be given to the permittee and a duplicate copy shall be retained in the Department

of Agriculture.

A fee of Twenty-Five Dollars ($25) shall be paid for each fish weir pocket or trap before the permit is

issued. A permit shall be valid for one (1) year from the date of issuance unless otherwise revoked. No

permit may be transferred except upon approval by the Director. Upon approval or transfer of a permit, the

permittee shall write his or her signature, and the transferee shall write his or her signature and address in

the appropriate space provided upon the permit. The Director shall then affix his or her signature of

approval.

(g) Installation and Operation of Fish Weir. At least one (1) fish weir must be constructed and placed

in operation within sixty (60) days from the date of issuance of the permit, and sixty (60) days after any

subsequent removal or destruction during the term of the permit. No owner of a fish weir shall leave a fish

weir in the water unattended for a period of fifteen (15) days or more.

(h) Submission of Monthly Catch Records Report. Each permittee shall be required to submit monthly

catch records to the Department of Agriculture, Division of Aquatic and Wildlife Resources, commencing

thirty (30) days after the weir is placed in operation and every subsequent thirty-day period until is removal.

(i) Removal of Fish Weirs. The owner of a fish weir must remove such fish weirs from the water within

thirty (30) days after notice of expiration of his or her permit unless such permit is renewed.

(j) Revocation of Permit. The Director may revoke a permit for any violation of this regulation upon

the completion of a hearing held for such purposes. Notice of the hearing shall be given to the permittee ten

(10) days in advance and shall state the violations charged, and the date, time and place of the hearing. Any

order of revocation entered pursuant to such hearing shall be effective thirty (30) days after notice of the

order or revocation to the permittee by which time he or she shall surrender his or her permit to the Director

and remove his or her fish weir from the water.

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(k) Disturbance of Fish Weirs. It shall be unlawful for any person not authorized by the owner to

remove fish from a fish weir. It shall be unlawful for any person other than the owner to remove, damage

or otherwise willfully disrupt the operation of a fish weir operation under a lawful permit. It shall also be

unlawful to use gill nets within one hundred (100) feet of a fish weir operating under a lawful permit.