(a) Any authorized officer or agent empowered by the Department with police powers to serve and execute warrants, to arrest offenders, or to issue citations throughout Guam, or any officer or agent of Guam Customs and Quarantine, or any police officer of Guam shall have the authority to enforce any of the provisions of this Article or any regulation, rule or order promulgated pursuant thereto.

(b) Any officer or agent authorized pursuant to paragraph (a) shall have the authority to conduct searches, as provided by law, and to seize any equipment, business records, merchandise or any threatened or endangered species of plants and/or wildlife hereunder; and, of the foregoing so seized shall be held by the Department pending disposition by court proceedings, or the Department, prior to the forfeiture, may direct the transfer of plants or wildlife so seized to a qualified zoological, botanical, educational or scientific institution for safekeeping, costs thereof to be paid by the defendant. Upon conviction of the person or persons from whom the seizure was made, the court shall declare the items seized [to be] forfeited to the government of Guam. Such items shall be destroyed, or be transferred, or be released into its normal habitat, if possible, by the Department as outlined herein.

(c) Upon proper oath or affirmation showing probable cause, the judges or magistrates of Guam courts shall issue such warrants or other process as may be required for enforcement of this Article and any regulation, rule or order issued thereunder.

SOURCE: GC § 12325.7 added by P.L. 15-036:1 (June 14, 1979);
subsection (a) amended by P.L. 15-097:4 (Jan. 26, 1980).

COL 6/21/2023

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

NOTE: For definition of peace officers see 8 Guam Code Ann. § 5.55.