| Rules & Regulations |
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| Title 5: Government Operations | Chapter 63: Fish, Game, Forestry & Conservation | Article 3: Forestry |
NOTE: The original Article 3, Forestry, was enacted by P.L. 3-103 and has never
been formally repealed. The Legislature, however, in P.L. 16-62 (creating a new
Territorial Park System), enacted a "new" Article VI of this Chapter in the
Government Code, also dealing with forestry. Since the coverage of the new
Article VI is identical to the coverage of old Article 3, but with inconsistent
provisions, the Compiler views the new Article VI as repealing by implication the
old Article 3. Both articles deal with and are titled "Forestry". Therefore, and to be
consistent with the structure of this Chapter, the new Article VI, "Forestry",
enacted by P.L. 16-62:4, will be the law found in this Article. See Sutherland,
Statutory Construction, 4th Ed., §34.03. |
§63301. Improving Resources; Responsibility.
§63302. Unlicensed Tree-Cutting on Public Lands; Prohibited.
§63303. Penalty.
§63304. Ifet, Ahgao, and Pahong; Forestry Program. |
| §63301. Improving Resources; Responsibility. |
The Department of Agriculture shall be responsible to protect,
develop and manage the Territory’s public lands in a manner that will
conserve the basic soil resources, and at the same time produce
continuous yields of water, wood fiber, forage, recreation and wildlife
for the use and benefit of the greatest number of people of Guam. The
Department shall also endeavor to encourage and assist private land
owners to do the same with their land, and establish an urban and
community forestry program with village commissioners and civil
groups. At the discretion of the Director, tree seeds and seedlings may be
made available by the Department for planting on private and public lands, either on a free distribution basis or at a price determined by the
Director. |
| SOURCE: GC § 12325 enacted by P.L. 3-103; repealed by adoption of GC §
12390 (same section heading), added by P.L. 16-62:4. |
| §63302. Unlicensed Tree-Cutting on Public Lands; Prohibited. |
The cutting, removal or mutilation of live trees (except
tangantangan) on all government of Guam lands without a license is
prohibited. All applicants for such license shall make a written request to
the Director, designating the kind, size and number of trees to be cut and
removed, and the use to be made thereof. When the Director is of the
opinion that such cutting or removal will not materially injure the forest
resources of Guam, he shall issue a license stating the conditions for
cutting and planting of trees, and provisions for inspection of the
operation. |
| SOURCE: GC § 12326 added by P.L. 3-103; repealed/ reenacted by P.L. 16-62:4
(GC § 12390.1 -- same section heading). |
| §63303. Penalty. |
| Any person who violates § 63302 of this Article shall be subject to
penalties as described in § 63708. |
| SOURCE: GC § 12327 added by P.L. 3-103; repealed by P.L. 16-62:4 (GC §
12390.2 -- same subject heading). |
| §63304. Ifet, Ahgao, and Pahong: Forestry Program. |
Legislative Intent.
(a) It is the intent of the Legislature to preserve Guam’s
traditions and culture in the arts. In order to revitalize the traditional
arts of wood carving and weaving, it is necessary to develop a
forestry program (the "Program") to plant Ifet (also known as Ifil),
Ahgao, and Pahong (also known as Akgag) trees (the "trees"),
which trees provide materials for carving and for weaving and
which are needed to teach these arts to the future generations of
Guam. Because of the slow growth rate of the trees, it is necessary
that the program be implemented immediately to meet the
objectives of this Section.
(b) Establishment of Program. The Department of Agriculture
(the "Department") shall establish the Program to plant the trees on that land chosen by the Department that is best suitable for the
purposes of the Program. The land area designated shall consist of
at least eighty (80) acres, with fifty (50) acres for Ifet, twenty (20)
acres for Ahgao, and ten (10) acres for Pahong.
(c) Assignment and rezoning of land. The Department of Land
Management shall assist the Department in locating government
land that is best suitable for the Program, such assistance to include
assignment of such land to the Department and its rezoning if
necessary. Seventy (70) acres in northern Guam in a limestone area
shall be set aside for Ifet (fifty (50) acres) and Ahgao (twenty (20)
acres); and ten (10) acres shall be set aside in central or southern
Guam for Pahong.
(d) Forestry maintenance and issuance of permits. The Department
shall be responsible for the maintenance and upkeep of the
trees in the Program and shall hire two (2) full time employees for
the maintenance of these forestry preserves. The Department shall
be responsible for the issuance of permits for the harvesting of wood
therefrom; provided, that such permits must have the approval of the
Guam Council on the Arts and Humanities Agency ("CAHA").
(e) Monitoring and approval of requests for harvest. The
Department shall be the custodial agency for the Program. CAHA
shall approve the priority of permit recipients and the quantity of
materials to be given them, and shall monitor usage of such
materials. Materials obtained from the Program shall be used
exclusively for arts and other cultural programs. For every one (1)
tree harvested fifty (50) young trees of the same species shall be
planted by the recipient(s) in the same area. Seedlings of such
species will be provided by the Department which will also
supervise their planting.
(f) Appropriation authorized. The Department is authorized to
submit the necessary appropriation to the Legislature to carry out
the Program within ninety (90) days of the enactment of this
Section." |
| SOURCE: Enacted by P.L. 21-54. |
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