Guam § 63128 - Illegal Use of Nets, Vessels Including Engines, Motors and All Vessel Accessories,

§ 63128. Illegal Use of Nets, Vessels Including Engines, Motors and All Vessel Accessories,

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, beast of burden, trap, firearm, electrical device or vehicle

used for taking or transporting fish or game taken in violation of the provisions of this Article is a public

nuisance. Every person authorized to make an arrest for such violation shall seize and keep such net, vessel

including engines, motors and all vessel accessories, paraphernalia, including SCUBA diving equipment,

spearguns, or spears, trap, firearm, electrical device or vehicle and report the seizure to the Department of

Agriculture.

(b) The Department of Agriculture shall commence proceedings in the Superior Court by petitioning

the court for a judgment forfeiting the items seized. Upon the filing of such petition, the clerk of court shall

fix a time for a hearing and cause notices to be posted for fourteen (14) days in at least two (2) public places

in the place where the court is held and in the Mayor’s Office of the village wherein the person from whom

the items were seized resides, setting forth the substance of the petition and the time and place fixed for its

hearing. Upon proof that the items seized were used in violation of this Article, the court shall order such

items forfeited. Any article so forfeited shall be sold, used or destroyed by the Department of Agriculture.

The proceeds from all such sales shall be paid into the Wildlife Conservation Fund.