(a) The Director of the Department of Agriculture, through the Administrative Adjudication Law, is hereby authorized to enact schedules for penalties and citations that:

(l) do not exceed One Thousand Dollars ($1,000.00) per incident; and

(2) allow any peace officer on Guam to issue a citation for a violation of Chapters 60 and 63 of Title 5 of the Guam Code Annotated, their supporting regulations and Public Law
24-21 as appropriate.

(b) (1) A citation issued pursuant to Chapters 60 and
63 of Title 5 of the Guam Code Annotated, their supporting regulations and Public Law 24-21, shall be accompanied by a notice to appear at the Traffic Court Division of the Superior Court of Guam. Failure of the person cited to appear as directed by the notice may subject him to further penalties for contempt of court.

(2) Violations of this Article shall be prosecuted in the Traffic Court Division of the Superior Court of Guam, which shall impose the penalties created herein. Parents and legal guardians shall be responsible for any violations hereof committed by minors under their custody.

(c) All monies collected by the court for fines and penalties imposed hereunder shall be transferred to the Wildlife Conservation Fund as described in § 63130 of Article 1, Chapter
63, Division 6 of Title 5 of the Guam Code Annotated. The
Superior Court shall render a quarterly report to the Department of Agriculture reflecting defendants’ names, addresses and other identifying information regarding violators who have been ordered to remit fines and penalties. The Superior Court shall create forms approved by the Director of the Department of Agriculture for citations, record violations, provide for the administration of the prosecution of violators and establish an orderly, secure and efficient procedure for the processing of Natural Resource citations pursuant to Subsections (a) and (b) hereof.

(d) The Director of the Department of Agriculture may enter into such written Memoranda of Understanding with the Superior Court of Guam and other government of Guam agencies as are necessary to effectuate the purposes of this Act.

(e) The Director of the Department of Agriculture may alsoenact such regulations to effectuate the purposes of this Act as are appropriate. The existing penalties as described in § 63129 of Chapter 63 of Title 5 of the Guam Code Annotated, Public Law
28-107, and their supporting regulations to include Public Law 24-
21 shall remain in effect until the new schedule of penalties and
citations is enacted.

(f) Nothing in this Section shall nullify or modify any civil or criminal law enforcement powers, penalties or obligations granted by federal or local law to the Department of Agriculture to punish offenses of the hunting and fishing laws of Guam, including, but not limited to, the right to perform searches and seizures, to make lawful arrests and to seek and recover the forfeiture of items employed by violators.

SOURCE: GC § 12006 amended by P.L. 13-187:100; repealed/reenacted by P.L. 26-25:2. Amended by P.L. 28-174:2 (Jan. 29, 2007)