Guam § 63203 - Definitions.

§ 63203. Definitions.

(a) “Agent”, “Employee” or “Officer” means any Department employee authorized by the Director to

carry out any power granted by this Article.

(b) “Conserve”, “Conserving” and “Conservation” mean the use of any and all populations of plants

and wildlife declared threatened or endangered and to bring them to the point at which the measures

provided pursuant to this Article are no longer necessary. Such methods and procedures include, but are

not limited to censuses, research, law enforcement, habitat acquisition and maintenance, propagation, live

trapping, transplantation, regulated taking or confiscation.

(c) “Department” means the Department of Agriculture, or in the case of changing functions, that

agency designated by the government of Guam to be charged with the husbandry of the natural resources

of plants and wildlife.

(d) “Ecosystem” means all natural elements, physical and biological, of the habitat or site in which

any plant or wildlife species is found and upon which it is dependent for its well-being.

(e) “Endangered Species” means any species which is in danger of extinction on Guam and has been

so designated pursuant to the provisions of this Article or that has been determined to be an endangered

species pursuant to the U.S. Endangered Species Act of 1973.

(f) “Resident Species” means any plant or wildlife species which spends any part of its life on Guam.

(g) “Threatened Species” means any species of plant or wildlife which appears likely, within the

foreseeable future, to become endangered and which has been so designated by the Department pursuant to

this Article, or that has been determined to be a threatened species pursuant to the U.S. Endangered Species

Act of 1973.

(h) “Import” means to land on, bring into or introduce into, or attempt to land on, whether or not such

landing, bringing, or introduction constitutes an importation within the meaning of the customs laws of

Guam and the United States.

(i) “Person” means an individual, corporation, partnership, trust, association, or any other private

entity, or any officer, employee, agent, department or instrumentality of the federal government, of any

state, territory, commonwealth or political subdivision thereof, or of any foreign government.

COL 2025-06-04

CH. 63 FISH, GAME, FORESTRY AND CONSERVATION

(j) “Plants” means any member of the plant kingdom, including seeds, roots, or other parts thereof.

(k) “Secretary” means, except as otherwise herein provided, the U.S. Secretary of the Interior or the

U.S. Secretary of Commerce as program responsibilities are vested pursuant to the provisions of the U.S.

Reorganization Plan Number 4 of 1970; except that with respect to the enforcement of the provisions of the

U.S. P.L. No. 93-205 and the Convention on the International Trade in Protected Species of Wild Fauna

and Flora which pertain to the importation or exportation of terrestrial plants, the term means the U.S.

Secretary of Agriculture.

(l) “Species” means any subspecies of plants or wildlife and any other group of plants or wildlife of

the same species or smaller taxa in common spatial arrangement that interbreed with mature.

(m) “Take” means to cut, collect, uproot, destroy, injure or possess, threatened or endangered species

of plants, or attempt to engage in any such conduct or to harass, harm, pursue, hunt, shoot, wound, kill,

trap, capture, snare or collect threatened or endangered species of wildlife.

(n) “Wildlife” means any resident member of the animal kingdom including without limitation, reared

in captivity or not, including any mammal, bird, amphibian, reptile, fish, crustacean, mollusk or other

invertebrate, and includes any parts thereof, except those species of the Class Insects which have been

declared as pests whose protection under the provisions of this Article would present an overwhelming and

overriding risk to man, providing this is in conformance with federal law.