(a) Regulatory power for the purposes of this Article shall be vested in the Department of Agriculture (hereinafter referred to as the Department) which is responsible for the management and the conservation of plant and wildlife resources of the territory of Guam.
(b) The Department shall conduct all research, investigation and listing of resident threatened or endangered species of plants and wildlife, and all programs for the conservation, management, enhancement or protection of such species, and, upon its own recommendation or upon the petition of three persons, shall conduct a review of any listed or unlisted resident species proposed to be on the list published pursuant to the authority herein.
(c) Annually, the Department shall promulgate a list of endangered species. The list of endangered species shall be submitted to each village commissioner for review and comment prior to the hearing on adoption of the list held in accordance with the Administrative Adjudication Act. The list shall be adopted in accordance with the Administrative Adjudication Act and then be subject to approval by the Legislature, provided, however, that if the Legislature fails to act on the list of endangered species within twenty (20) legislative days following receipt thereof, then the list of endangered species shall be deemed approved by the Legislature. No additions or deletions may be made to the list without conformance with the procedural requirements for adoption of the list. Each list shall be effective for not more than fourteen (14) months following approval by the Legislature. The Department shall promulgate such rules, regulations or orders in accordance with the Administrative Adjudication Act and any rules or regulations shall be subject to approval by the Legislature, provided, however, that if the Legislature fails to act on the rules or regulations within twenty (20) legislative days following receipt thereof, then the rules or regulations shall be deemed approved by the Legislature. The purpose of the rules, regulations or orders shall be to improve and enhance the welfare of endangered or threatened scientific and commercial data available and upon consultation with interested persons, the public and other appropriate agencies, as to whether or not any species is an endangered or threatened species because of, but not limited to, any of the following factors:
(1) The present or threatened destruction, modification or curtailment of habitat or range;
(2) Over-utilization for commercial, sporting, scientific or educational purposes;
(3) Disease or predation;
(4) The inadequacy of existing regulatory mechanisms; or
(5) Other natural or man-made factors affecting its continued existence. (d) The Department shall establish priorities for the conservation and protection of resident threatened or endangered species of plants and wildlife and their associated ecosystems.
(e) The Department is authorized to enter into agreements with the federal or other public agencies, private agencies or any person for administration, research or the management of any area, including aquatic, established under this Section or utilized for the conservation, management, enhancement, or protection of threatened or endangered resident species of plants and wildlife as defined herein.
(f) The Department shall acquire by purchase, donation or otherwise, lands, aquatic habitats or interests therein for the conservation of resident endangered species or threatened species needed to carry out the programs relating to the intent of this Article, and, to submit to the Governor of Guam plans, programs, remedies or recommendations which will carry out the purposes of this Article.
(g) The Department shall be authorized to conduct investigations to determine the status and requirements for survival of resident species of plants and wildlife.
Citation: Guam Code Ann. § 63205