Guam § 63909 - Rules and Regulations; Schedule of Fees.

§ 63909. Rules and Regulations; Schedule of Fees.

(a) Rules and Regulations. The Council, which shall be assisted by the Department of Agriculture and

the Attorney General’s Office, shall from time to time promulgate rules and regulations, in accordance with

the Administrative Adjudication Act, Title 5, Guam Code Annotated, Chapter 9, Article 3, to carry out the

provisions of this Act.

(b) Permits and Fee Schedules.

(1) In order to preserve Guam’s marine and freshwater resources, the Council, which shall be

assisted by the Department of Agriculture and the Attorney General’s Office, shall propose a schedule

of various permits, and recommended fees to be charged for such permits, which shall be required for

the conduct of fishing vessels and the harvesting of fish and other marine life in the waters of Guam.

Such schedules, if approved by Council, shall be established in accordance with the procedures set

forth in Article 3, Chapter 9, Title 5 Guam Code Annotated, the Administrative Adjudication Act, and

shall include criteria and guidelines governing the application, issuance, exemptions, and enforcement

of such permits and fees.

(2) The initial schedule of permits and fees recommended under this Section shall be submitted

to I Liheslaturan Guåhan pursuant to the Administrative Adjudication Act no later than one hundred

eighty (180) days after the effective date of this Act. The Council shall review the schedule at least

once every five (5) years thereafter to determine if any fee increases, decreases, the establishment of

new fees, or any other modifications, are warranted; and such recommendation shall be adopted

pursuant to the Administration Adjudication Act.

COL 2025-06-04

CH. 63 FISH, GAME, FORESTRY AND CONSERVATION

(c) Maintenance of Required Permits. Unless otherwise expressly authorized by this Act or by any

other provision of law, a person or entity shall not engage in activities requiring a permit by virtue of the

rules and regulations promulgated under Subsections (a) and (b) of this Section, without having in his or

her or its immediate possession such permit or a copy thereof.

(d) Penalty. Any person or entity that violates the provisions of Subsection (c) of this Section is guilty

of or liable for a civil violation punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each

violation. Any fines recovered by the government of Guam for such civil violations shall be paid into the

Wildlife Conservation Fund established pursuant to § 63130 of Article 1 of this Chapter.

(e) Enforcement. Except as otherwise provided by law, the provisions of this § 63910 and all rules and

regulations, permit and fee schedules promulgated thereunder, shall be enforced by the Director of

Agriculture, as ex officio Chief Conservation Officer, and suitable employees of the Department of

Agriculture whom the Director may appoint as Deputy Conservation Officers, as well as by peace officers,

as defined in § 5.55 of Title 8 GCA, all with the same powers set forth under § 63103 Of Article 1 of this

Chapter. The Civilian Volunteer Conservation Officer Reserve established by § 63103.1 of Article 1 of this

Chapter may also assist with enforcement hereunder under the same conditions specified under § 63103.1.

(f) Collection of Fees. All proceeds from fees collected pursuant to the permit and fee schedule

promulgated under § 63910 (a) and (b), supra, fines imposed under § 63910(d), and other amounts as may

be authorized by law, shall be deposited in the Wildlife Conservation Fund established pursuant to § 63103

of Article 1 of this Chapter.