General provisions - Subchapters A, G, H, I of Chapter 2 Fishing Regulation of Title 16 Natural Resources and Recreation

TITLE 16 1 Title 16 NATURAL RESOURCES AND RECREATION. CHAPTER 2. FISHING REGULATION. Subchapter A. General Regulations. 1. Definitions. 2. Harvest. 3. Seasons. 4. Gear Restrictions. Subchapter B. Marine Preserves. Subchapter C. Gastropods and Bivalves. Subchapter D. Crabs and Spiny Lobsters. Subchapter E. Coconut Crab, Birgus latro. Subchapter F. Freshwater Fishing. Subchapter G. Penalty. Subchapter H . Implementation. Subchapter I. Severability SUBCHAPTER A General Regulations. Section 15310. Definition. Section 15310.1. Harvest Regulations. Section 15310.2. Harvest Seasons. Section 15310.3 Gear Restrictions. Section 15310. Definitions. For purposes of these regulations (Sections 15310 through 15316); (1) Aquatic Animal- is defined as any fish, marine invertebrate, aquatic reptile, amphibian or marine mammal which lives in or near the water (fresh, brackish or marine) which depends upon a water body for its survival. This includes animals from fresh, brackish and marine environments. (2) Aquatic Plant- is defined to include any member of the plant kingdom, including all forms of aquatic algae and seagrass, which depend on permanent or semi-permanent water bodies (marine or fresh) for survival. (3) Aquatic Life- is defined to include all aquatic animals and aquatic plants. (4) Bottomfishing- is defined as any fishing in which a single line (includes braided lines) baited with single or multiple hooks or lures is lowered into water and fished in a still or drifting manner. Similar methods used for the take of Pelagic Species shall not be covered under this definition. TITLE 16 2 (5) Boundary Marker- is defined as an object which is placed and labeled to demarcate a boundary of a Marine Preserve. (6) Cast Net (Talaya)- is defined as a circular net with weights or chain around the perimeter which is thrown for the purpose of taking or capturing any aquatic animal. (7) Commercial- is defined as the selling, bartering, trading or exchanging aquatic animals and/or aquatic plants for monetary or other consideration or the intent to perform any of these acts. (8) Commercial Export- is defined as the transferring or shipment of aquatic animals and/or aquatic plants from Guam which is sent elsewhere for purposes of sale, trade, barter or commercial use. (9) Commercial Harvesting- is defined as the taking or capturing of any aquatic life for commercial use. (10) Crab- is defined to mean any member of the class Crustacea except for spiny lobster as defined. (11) Cultured Aquatic Plants/Animals- is defined as any aquatic plant or aquatic animal raised or grown in captivity for sale having all the proper local and Federal clearances required. (12) Dip Net- is defined as a handled net with no greater than a twelve (12) inch opening which is commonly used to capture aquarium fish. (13) Director- is defined as the Director of the Department of Agriculture. (14) Drag Net (Chenchulun Mahala)- is defined as any net which is pulled through the water, often maintaining contact with the bottom, in an attempt to corral or entrap aquatic animals. (15) Dredging Equipment- is defined as any device used to disturb or remove the substrate on beaches or within the water of Guam. Small hand implements or devices used for digging shall not be considered as dredging equipment. (16) Easy Access- is defined to mean carried on your person or stored at a nearby shoreline site while in the water. If a vessel is used, the items in question must be stored on board. TITLE 16 3 (17) Fish Aggregating Device- or FAD- is defined as any properly permitted buoyant device permanently moored with the intention of attracting fish in a specific area. (18) Freshwater Fauna- are defined as any vertebrate or visible (to the naked eye) invertebrate life forms found in Guam‘s inland waters. This does not include insects or their larvae. (19) Freshwater Fish- are defined as any fish found in Guam‘s inland waters. (20) Freshwater Gamefish- is defined as peacock bass (Tucunare), Cichla ocellaris. (21) Gaff- is defined as any hand held hook shaped device used for harvesting aquatic animals. (22) Gill Net (tekin)- is defined as any net in which the mechanism for capturing the fish is entanglement. (23) Gleaning is defined as the take of any aquatic plant or aquatic animal by hand or with an implement to prod. (24) Harvest- see the definition of take. (25) Waters of Guam- means that area of shore and waters seaward of the mean high water line (mark) to the outermost limits of Guam‘s exclusive economic zone, as provided by Section 402(a) of Title 1, Guam Code Annotated. (26) Hook and Line- fishing is defined as the combination of any hook and a line used to capture fish. This shall include, but is not limited to, the use of fishing rods or poles and handlines with bait or lures. (27) Import- is defined as to land on, bring into or introduce into, or attempt to land on, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of customs laws of Guam and the Untied States. (28) Inland Water Bodies- are defined to include, but are not limited to, all natural and man-made rivers, streams, lakes, reservoirs or other similar bodies of water. Inland waters may also be brackish in chemistry. (29) Locally-caught- is defined as the capture, collection, or possession of any aquatic life which came from waters of Guam. TITLE 16 4 (30) Longline- is defined as a line suspended horizontally by floats with secondary lines with hooks and devices designed to capture fish. (31) Marine Animal- is defined as any fish, invertebrate, mammal or reptile that lives in the sea or brackish water which depends upon said body of water for its survival. This includes, but is not limited to, turtles, crabs, corals, octopus, starfish, jellyfish, sea cucumbers, worms, whales, porpoises, etc. (32) Marine Mammal- is defined as any member of the class Mammalia which spends any part of its life in the ocean. (33) Marine Preserve- is defined as a well delineated area in which certain activities or uses are permanently restricted or prohibited. (34) Pelagic Fish- is defined as all billfish (all species of the families Istiophoridae and Xiphidae), Coryphaena hippurus (mahi mahi), Katsuwonis pelamis (skipjack tuna, bonita), Euthynnus affnis (skipjack tuna, kawa kawa), Acanthoocybium solandri (wahoo), Thunnus albacares (yellowfin tuna), Elegatis bipinnulatus (rainbow runner), or any other tuna or migratory ocean going fish. (35) Personal use- is defined as the taking or capturing of any aquatic or marine animal or aquatic plant for any non-commercial use. (36) Purse Seine- is defined as a net used to surround an aquatic animal in which the base of the net is then drawn closed to capture the fish. (37) Reef Margin- is defined as that area where the reef flat and the open ocean meet. This is generally the most distant area from shore which becomes exposed during low tide. For enforcement purposes this area defines the span from the outer most edge of the margin to one hundred (100) feet toward shore. (38) Relocate- is defined as the act of removing a resource from its resident location and placing the resource in a new location. (39) Resource- is defined as any natural, non-living or living entity. (40) Rock- is defined as any hard material larger than sand size grains made from a mineral or petrified mass. (41) Sand- is defined as any natural loose grainy non-living material formed from the erosion of rocks or calcium carbonate formations. TITLE 16 5 (42) Shore- is defined as the area between the mean low tide mark and ten (10) meters inland from the mean high tide mark, except where mangroves exist and then it shall extend to the inland edge of the mangrove. (43) Spear- is defined as any shaft with a pointed tip which can be used to take aquatic animals. (44) Spearfishing- is defined as any method which uses a spear to capture aquatic animals. (45) Spiny Lobster- is defined as all members of the genus Panulirus. (46) Surround Net- (Chenchulun Managam) is defined as any vertical net set to act as a barrier to detain fish in which the fish are not gilled by the net. A surround net is not pursed and therefore is not a type of purse seine. (47) Take- shall be as defined in Section 63101(g) and Section 63203(m), both of Title 5, Guam Code Annotated. (48) Transplant- is defined as the act of removing a resource from its resident location and placing it at a new location for the purpose of replenishing the area or creating an altered habitat. Section 15310.1. Harvest Regulations. (a) It shall be unlawful for any person to knowingly relocate or transplant any aquatic animal or aquatic plant or rock or sand within the waters of Guam or import and release into the wild any aquatic life without a valid permit. Permits will typically be limited to scientific purposes. This shall not apply to the release of aquatic animals which are regulated by size and are determined to be undersized, provided the release is not intended to remove a resource from a specific area or re-establish animals in a new area. (b) The taking of marine mammals is prohibited. Section 15310.2. Harvest Seasons. The harvest season for aquatic animals and aquatic plants is year-round, unless otherwise designated in these rules and regulations. Section 15310.3. Gear Restrictions. (a) The use of dredging equipment to take aquatic life is prohibited. (b) Surround nets must be removed within six (6) hours of setting. All aquatic animals prohibited from take or which do not meet take requirements must be released immediately once TITLE 16 6 determined to be in the net. All animals killed during the take must be recovered and removed from the waters of Guam. (c) The use of a gill net for the commercial harvest of aquatic animals is prohibited. (d) When bottom fishing or fishing by hook and line, all gear must be attended at all times. (e) The use of a horizontal longline for the commercial harvesting of any aquatic fauna is prohibited within the waters of Guam. (f) The use of a purse seine for the commercial harvesting of any aquatic animal, marine animal or pelagic fish other than scads (Selar crumenopthalmus) (locally known as atulai), is prohibited within the waters of Guam. If utilized for the taking of atulai, all other aquatic life captured must be released and every effort to return it live must be made. (g) It shall be unlawful to attach, moor or tie any boat or water craft, or any rigging or structure to, or to board, deface, damage, remove or destroy any fish aggregating device, except as authorized by the Director. Permits may be issued for certain activities. SUBCHAPTER B. Marine Preserves Section 15311.0. Marine Preserves. Section 15311.1. General Rules for Managing Marine Preserves. Section 15311.2. Designated Marine Preserves. Section 15311.3. Special Regulations to be Applied to Each Type of Marine Preserve. Section 15311.0. Marine Preserves. The Director of Agriculture will determine the need to establish Marine Preserves, which are areas in which the take of aquatic animals will be restricted to protect coral reef habitat and/or the related fauna. Such areas once established shall be permanently designated as Marine Preserves. The restrictions established for such an area shall always govern the allowable activities within the designated Marine Preserve. Section 15311.1. General Rules for Managing Marine Preserves. (a) All Marine Preserves shall be clearly marked with boundary markers and signage at popular entry points to educate the public as to the rules for the area. (b) Within an established Marine Preserves the following activities shall be prohibited: dip netting, gill netting, drag netting, surround netting, spear fishing, the use of gaffs, shell collecting, gleaning and removal of sand or rocks. TITLE 16 15 (3) Capture of peacock bass by traps is prohibited. Traps may be used to take non gamefish, but must not be left unattended more than twelve (12) hours, nor exceed a volume of twenty (20) cubic feet in size. Any peacock bass caught in traps must be released. The use of traps requires a valid fishing license. (4) Peacock bass can only be taken by a single, hand-held hook and line per fisherman, Multiple-line fishing for gamefish is prohibited. Only one (1) baited hook per line or one (1) artificial lure, which may have up to three (3) barbs originating at a common shaft, may be used. (5) All fishing gear other than traps must be attended to at all times. SUBCHAPTER G Penalty Section 15316.0 Penalty. Volations of these regulations are punishable under the provisions of Section 63129, 5 GCA SUBCHAPTER H. Implementation. Section 15317.0. Time frame and Implementation. Effective Date. (a) These regulations shall go into effect immediately. Subchapter B, Marine Preserves shall not go into effect until April 1, 1999. The Department of Agriculture will develop and implement a village program to educated the public during the first year of the operation of the Marine Preserves. The Department of Agriculture shall create and place at the appropriate locations, signs designed to define the locations and restrictions of the Marine Preserves. (b). During the six months following the enactment, the Director shall issue only written warnings to first offenders who violate the provisions of the regulations regarding Marine Preserves (only Subchapter B). The Director shall record the names and the addresses of the first offenders. Persons who commit a second offense during the six (6) month period shall be subject to the penalties allowed as described herein. (c) When the six (6) month period described above ends, the Director and other law enforcement officials shall enforce the law as mandated herein. TITLE 16 16 (d) The Department of Agriculture shall submit an assessment report to the Guam Legislature to determine the success of the Marine Preserves two (2) years after the effective date of the enactment of this Law for public review“ SUBCHAPTER I Severability Section 15318.0. Section 15318.0 Severability. Should any Section, Subsection, paragraph, sentence, clause or phrase of this Act or any regulation, rule or order, promulgated pursuant thereby be held invalid for any reason by a competent court of jurisdiction, such decision shall not affect the validity of the remaining portions of this Act or regulation, rule or order promulgated pursuant thereto. NOTE: The Compiler made a couple of corrections in this Public Law. First of all, the Compiler discovered an error on the proper citation of the Guam Code Annotated and the rules and regulations. In this Public Law the word “Subsection“ was used to cite sections in the GCA and Rules and Regulations. The true word should read “Section“. Secondly, Section 15311.2 regarding “Designate Marine Preserves“ contains a typo. Section 15311.2 refers to a “§15310.0“ which doesn‘t exist. The correct citation should be “§15311.0“, referencing “marine preserves“. Amended by Compiler in order to reflect the correct citation. ~~~~~~~~~~~~~~~~