Terms Used In 5 Guam Code Ann. § 63209

  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(a) Any person or persons who non-commercially knowingly violates any of the provisions of this Article or the provisions of any regulation, rule or order promulgated hereunder, shall be fined not more than Two Hundred Fifty Dollars ($250).

(b) Any person or persons who knowingly violates, or who knowingly commits an act in the course of a commercial activity which violates any provision of this Article, or any provision of any permit, certificate, stamp, agreement, rule, regulation, order or other, issued to implement this Article, may be assessed a civil penalty by the court of not more than Five Thousand Dollars ($5,000) for each violation or be imprisoned for not more than three (3) years or both. Each violation shall be a separate offense. No penalty may be assessed unless such person is given notice and an opportunity for a court hearing with respect to such violation or violations.

(c) The Department shall suspend, for a period of one (1) year, any hunting licenses, fishing permits (including shells, corals, shellfish and other fish weirs) or other stamps, certificates, leases or agreements issued to any person or persons who are convicted of a violation of any provisions of this Article or any regulation, rule or order issued hereunder.

(d) The government of Guam shall not be held liable for the payment of any compensation, reimbursement or damages in connection with the modifications, suspension or revocation of any leases, licenses, permits, stamps, certificates, pursuant to the purposes of this Article.

(e) All guns, traps, nets and other equipment, vessels, vehicles, aircraft and other means of transportation used to aid the taking, possessing, selling, purchasing, offering for sale or purchase, transporting, delivering, receiving, carrying, shipping, exporting any plants or wildlife in violation of this Article, any regulation made pursuant thereto or any permit or certificate or agreement made or issued thereunder shall be subject to forfeiture to the government of Guam upon conviction of any criminal violation pursuant to § 63205, § 63206 and § 63208.

COL 6/21/2023

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 63 FISH, GAME, FORESTRY & CONSERVATION

(f) The Department may sell forfeited items, the resultant monies to be deposited in the Wildlife Conservation Fund to promote the welfare of plants and wildlife.

SOURCE: GC § 12325.8 added by P.L. 15-036:1 (June 14, 1979);
subsections (c) and (e) amended by P.L. 15-097:1 (Jan. 26, 1980).