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. 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.