Guam § 65102 - Definitions.

§ 65102. Definitions.

As used in this Chapter, unless otherwise apparent from the

context:

(a) Agricultural commodity means any and all plant and

animal products produced in Guam for commercial purposes.

(b) Agricultural use means use of land for the purpose

of producing an agricultural commodity for commercial

purposes.

(c) Prime agricultural land means any of the following:

(1) Land which supports livestock used for the

production of food and fiber and which has an actual

carrying capacity equivalent to at least one animal unit

per acre as defined by the U. S. Department of

Agriculture.

(2) Land planted with fruit or nut- bearing trees,

vines, bushes or crops which have a non-bearing period

of less than five years and which will normally return

during the commercial bearing period on an annual basis

from the production of unprocessed agricultural plant

production not less than Two Hundred Dollars ($200)

per acre.

(3) Land which has returned from the production of

unprocessed agricultural plant products an annual gross

value of not less than Two Hundred Dollars ($200) per

acre for three of the previous five years.

(d) Agricultural preserve means an area devoted to

either agricultural use, recreational use as defined in

subsection (h) or an open space use as defined in subsection

(i) or any combination of such uses, and compatible uses as

designated by the Department.

(e) Compatible use is any use determined by the

Department or by this Chapter to be compatible with the

agricultural, recreational, or open space use of land within the

preserve and subject to contract. Compatible use includes

agricultural use, recreational use, or open space use unless

the Department finds after notice and hearing that such use is

not compatible with the agricultural, recreational or open

space use to which the land is restricted by contract pursuant

to this Chapter.

(f) Department means the Department of Agriculture.

(g) Director means the Director of the Department of

Agriculture.

(h) Recreational use is the use of land by the public,

with or without charge, for any of the following: walking,

hiking, picnicking, camping, swimming, boating, hunting, or

other outdoor games or sports for which facilities are

provided for public participation. Any fee charged for the

recreational use of land as defined in this subsection shall be

in a reasonable amount and shall not have the effect of unduly

limiting its use by the public.

(i) Open space use is the use or maintenance of land in

such a manner as to preserve its natural characteristics,

beauty, or openness for the benefit and enjoyment of the

public, or to provide essential habitat for wildlife.