Fishing with SCUBA Devices

(a)It is unlawful to take any fish with a spear or any other device used for the purpose of taking fish while SCUBA diving, as defined in § 63101(dd) of this Article, unless otherwise authorized pursuant to § 63123 of this Article.

(b)Enforcement. Any person empowered by law to enforce this Chapter and any rule or regulation adopted by the Department of Agriculture pursuant thereto shall have the authority to stop and board any vessel or any motor vehicle subject to this Section for the purpose of inspection or to determine compliance with this Section or any such rule or regulation. Any person empowered by law to enforce this Chapter may issue a citation and a notice to appear at the Traffic Court Division of the Superior Court of Guam pursuant to 5 GCA § 60107(b)(1).

(c)Possession. Any person deemed in possession of fish taken while SCUBA diving shall be in violation of this Section and subject to the applicable fines or terms of imprisonment contained in § 63129(a). It is prima facie evidence of a violation of this Section if a person is:

(1)in possession of any SCUBA diving equipment;

(2)in possession of fish or spearguns, spears, or similar equipment; and

(3)in or near the water where fish can be taken or aboard any fishing vessel or boat.