Marine Preserves - Subchapter B of Chapter 2 Fishing Regulation of Title 16 Natural Resources and Recreation

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 7 (c). All Marine Preserves shall extend horizontally inland ten (10) meters from the mean high tide mark or to the nearest edge of a public right-of-way, whichever comes first; unless specifically described otherwise. Unless otherwise specified, the ocean boundary of the Marine Preserves shall extend to the six hundred (600) foot depth contour. Maps of Marine Preserves around Guam shall be available at the Guam Department of Agriculture. (1) The Director of Agriculture shall place range markers to delineate each of the side boundaries from the reef margin to the six hundred (600) depth contour. (2) The Director of Agriculture shall create and make available to the public at the Department maps of the Marine Preserves. Section 15311.2. Designate Marine Preserves. The following areas have been designated as Marine Preserves, as described in Section 15311.0 (See Exhibit 1): (1) Tumon Bay Location: Tumon Boundaries: From the northern coastal boundary at Two Lovers Point, southerly along the coast to the northeast tip of Hospital Point, then seaward on a bearing of three hundred forty five (345) degrees true from Hospital Point to the six hundred (600) foot depth contour; then northerly along the six hundred (600) foot depth contour to the northern ocean boundary completed by a line drawn seaward on a bearing of two hundred seventy (270) degrees true from the outermost marker at Two Lovers Point (See Exhibit 2). (2) Piti Bomb Holes Location: Piti Boundaries: From the northwest end of the Piti Canal easterly along the northern edge of the canal to Route 11, then along the northern edge of Route 11 to the coastline east of Tapungun Channel, then along the Tapungun Bay coastline along the pipeline running across the reef flat from Asan Point, then seaward at a bearing of fifteen (15) degrees true from the western end of the pipeline to the six hundred (600) foot contour then southeasterly along the six hundred (600) foot contour to a line drawn seaward on a bearing of three hundred forty 340 degrees from the western edge of the Piti Canal (See Exhibit 3). (3) Sasa Bay Location: Piti Boundaries: From the intersection of Route 1 and Drydock Road, westerly along the southern edge of the entrance road to the entrance gate the southern edge of the pipeline road leading toward Drydock Point, continuing along the southern and eastern edge of Drydock Road until a straight line can be drawn from the road across land to the southern most point on Drydock Island, then a straight line path from Drydock Point to the tip of the finger-like peninsula on Polaris Point. Follow a straight line across the shortest distance to the northern edge of the paved road leading to the main gate. Continue along the northern edge of the road to Marine drive. Follow the western edge of Marine drive back to the beginning of the pipeline road. All the water and land area within these boundaries are within the Marine Preserve (See Exhibit 4). (4) Achang Reef Flat. Location: Merizo TITLE 16 8 Boundaries: A straight line formed by markers aligned on the southern side of Manell Channel along the coast to a straight line formed by markers aligned on the northern side of ‘Ajayan Channel’. The ocean boundaries shall extend seaward on a bearing of one hundred forty eight (148) degrees true from the seaward marker on the south side of Manell Channel to the six hundred foot (600) depth contour; then northerly along the six hundred (600) foot depth contour to the northern ocean boundary completed by a line drawn from the outermost marker on the north side of Ajayan Channel on a bearing of one hundred eighty (180) degrees true seaward to the six hundred foot depth contour (See Exhibit 5). (5) Pati Point Location: Andersen Air Force Base Boundaries: From the marker (144o 53' 44 E. Longitude , 13 o 32' 40’ N. Latitude) in front of the pillbox to the west of Tarague channel easterly along the coast to Pati Point, then southerly to Anao Point. The ocean boundaries shall extend at a bearing of ninety (90) degrees true from the seaward marker at Anao Point to the six hundred (600) foot depth contour; then follow the six hundred foot depth contour to the western ocean boundary completed by a line drawn seaward on a bearing of fifty (50) degrees true from the outermost marker on the western boundary degrees to the six hundred foot depth contour (See Exhibit 6). Section 15311.3. Special Regulations to be Applied to Select Marine Preserves. (a) Tumon Bay: bottomfishing may be conducted from the one hundred (100) foot contour seaward. (b) Trolling may be conducted from the reef margin seaward, but only for pelagic fish. Persons catching non-pelagic fish shall release them immediately upon capture. Where the reef margin is not well defined because of gaps or undulations in the reef, the margin shall be defined by drawing a point between two (2) well defined points. (c) Tumon Bay: All fishing except for cast net from shore, hook and line from shore, and those methods specifically identified as allowable by law or regulation in a preserve shall be prohibited. Hook and line fishing, and cast net fishing allowed from shore, shall be limited to the take of rabbitfish (Sesjun, Manahac), juvenile goatfish (Tiao‘), juvenile jacks (E‘e‘) and the convict tang (Kichu). Cast net fishing will also be allowed along the reef margin for rabbitfish and convict tangs only. (d) Piti, Sasa Bay, and Achang Reef Flat: All forms of fishing except those methods specifically identified as allowable by law or regulation in a Marine Preserve shall be prohibited. (e) Pati Point: All fishing except hook and line from shore, and those methods specifically identified as allowable by law or regulation in a Marine Preserve, shall be prohibited.