Citizen Suits

(a)Any person may commence a civil suit on his or her behalf:

(1)to enjoin any person, including the government of Guam, or any other governmental instrumentality or agency (to the limits permitted by the Eleventh Amendment to the Constitution of the United States), who is alleged to be in violation of any provision of this Article, or any regulation, rule or order issued under the authority thereof; or

(2)to compel the Department to apply the prohibitions set forth in or authorized pursuant to this Article with respect to the taking or causing deleterious effects which further jeopardize the continued existence of threatened or endangered species.

(b)The Superior Court shall have jurisdiction to enforce any such provision, regulation, rule or order, whichever the case. In any civil suit commenced under subparagraph (2), the Court shall compel the Department to apply the prohibition sought if the Court finds that the allegation that an emergency exists is supported by substantial evidence.

(c)No action may be commenced under subsection

(a)or

(b)of this Section:

(1)prior to sixty

(60)days after written notice of violation has been given to the Department, or to any alleged violator of any such regulation, rule or order;

(2)if the Department has commenced action to impose a penalty pursuant to § 63205, § 63206 or § 63208 of this Article.

(d)The court, in issuing any final order in any suit brought pursuant to this Section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. CH. 63 FISH, GAME, FORESTRY AND CONSERVATION

(e)The injunctive relief provided herein shall not restrict any right which any person (or class or persons) may have under any statute or common law to seek enforcement of [any] standard or limitation or seek any other relief (including relief against the government of Guam or its agencies).