63508(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.
63509(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.
(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.
Citation: Guam Code Ann. § 63208-09