Guam § 63205 - Authority.

§ 63205. Authority.

(a) Regulatory power for the purposes of this Article shall be vested in the Department of Agriculture

(hereinafter referred to as the Department) which is responsible for the management and the conservation

of plant and wildlife resources of Guam.

(b) The Department shall conduct all research, investigation and listing of resident threatened or

endangered species of plants and wildlife, and all programs for the conservation, management,

enhancement or protection of such species, and, upon its own recommendation or upon the petition of three

persons, shall conduct a review of any listed or unlisted resident species proposed to be on the list published

pursuant to the authority herein.

(c) Annually, the Department shall promulgate a list of endangered species. The list of endangered

species shall be submitted to each village mayor for review and comment prior to the hearing on adoption

of the list held in accordance with the Administrative Adjudication Act. The list shall be adopted in

accordance with the Administrative Adjudication Act and then be subject to approval by I Liheslatura,

provided, however, that if I Liheslatura fails to act on the list of endangered species within twenty (20)

legislative days following receipt thereof, then the list of endangered species shall be deemed approved by

I Liheslatura. No additions or deletions may be made to the list without conformance with the procedural

requirements for adoption of the list. Each list shall be effective for not more than fourteen (14) months

COL 2025-06-04

CH. 63 FISH, GAME, FORESTRY AND CONSERVATION

following approval by I Liheslatura. The Department shall promulgate such rules, regulations or orders in

accordance with the Administrative Adjudication Act and any rules or regulations shall be subject to

approval by I Liheslatura, provided, however, that if I Liheslatura fails to act on the rules or regulations

within twenty (20) legislative days following receipt thereof, then the rules or regulations shall be deemed

approved by I Liheslatura. The purpose of the rules, regulations or orders shall be to improve and enhance

the welfare of endangered or threatened scientific and commercial data available and upon consultation

with interested persons, the public and other appropriate agencies, as to whether or not any species is an

endangered or threatened species because of, but not limited to, any of the following factors:

(1) The present or threatened destruction, modification or curtailment of habitat or range;

(2) Over-utilization for commercial, sporting, scientific or educational purposes;

(3) Disease or predation;

(4) The inadequacy of existing regulatory mechanisms; or

(5) Other natural or man-made factors affecting its continued existence.

(d) The Department shall establish priorities for the conservation and protection of resident threatened

or endangered species of plants and wildlife and their associated ecosystems.

(e) The Department is authorized to enter into agreements with the federal or other public agencies,

private agencies or any person for administration, research or the management of any area, including

aquatic, established under this Section or utilized for the conservation, management, enhancement, or

protection of threatened or endangered resident species of plants and wildlife as defined herein.

(f) The Department shall acquire by purchase, donation or otherwise, lands, aquatic habitats or

interests therein for the conservation of resident endangered species or threatened species needed to carry

out the programs relating to the intent of this Article, and, to submit to I Maga’hågan/Maga’låhen Guåhan

plans, programs, remedies or recommendations which will carry out the purposes of this Article.

(g) The Department shall be authorized to conduct investigations to determine the status and

requirements for survival of resident species of plants and wildlife.