Chapter 70

5 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 1 CHAPTER 70 GUAM INVASIVE SPECIES COUNCIL SOURCE: Added by P.L. 31-043:2 (Apr. 18, 2011). 2015 NOTE: P.L. 26-076:33 (Mar. 12, 2002) repealed this chap ter formerly entitled 'Department of Commerce.' Section 31(c) o f P.L. 26-076 stated: (c) Abolition of Department of Commerce. The Guam Eco-nomic Development and Commerce Authority ('Auth ority') succeeds to, and is vested with, all the powers, du ties, responsibilities and jurisdiction of the former Dep artment of Commerce ('DOC'). See 12 GCA Chapter 50 - Guam Economic Development A uthority. § 70101. Short Title. § 70102. Guam Invasive Species Council, Established . § 70103. Duties of Council. § 70104. Composition of Council. § 70105. Government of Guam Agency Duties. § 70106. Conduct of Meetings. § 70107. Guam Invasive Species Management Plan (GI SMP). § 70101. Short Title. This Chapter shall be known as the Guam Invasive Species Council Act of 2011. § 70102. Guam Invasive Species Council, Established . The Guam Invasive Species Council (GISC) will be es tablished for the special purposes of protecting Guam from alien species that threaten our economy, culture,

nvasive Species Council, Established . The Guam Invasive Species Council (GISC) will be es tablished for the special purposes of protecting Guam from alien species that threaten our economy, culture, ecosystem and human health; a nd providing policy direction, coordination, and planning among governm ent of Guam departments and federal agencies to prevent the int roduction of invasive species and the monitoring, control and eradication of invasive species throughout the island of Guam. The Council shall convene within thirty (30) days of enactment and shall elect its Chairperson and Vice Chairperson. § 70103. Duties of Council. The Council shall : COL6220165 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 2 (a) create a mission statement on invasive species for Guam; (b) develop a Guam Invasive Species Management Plan (GISMP); (c) act as the lead entity for Guam to include loca l regional, national and international invasive species efforts ; (d) provide annual reports on the progress made in achieving the objectives of the GISMP to I Maga’lahen Guåhan and I Liheslaturan Guåhan ; (e) coordinate and promote Guam’s position with res pect to federal issues concerning

on the progress made in achieving the objectives of the GISMP to I Maga’lahen Guåhan and I Liheslaturan Guåhan ; (e) coordinate and promote Guam’s position with res pect to federal issues concerning invasive species in Guam; (f) identify and record all invasive species presen t in Guam; (g) identify all needed resources for the purpose o f working on invasive species prevention, suppression and era dication; (h) advise I Maga’lahen Guåhan and I Liheslaturan Guåhan on budgetary and other issues concerning invasive s pecies; (i) review the structure of fines and penalties to ensure maximum deterrence for invasive species-related cri mes; (j) make appropriate recommendations for legislatio n to improve the management of invasive species programs and policies; (k) the Council, in coordination with I Maga’lahen Guahan , shall review the Interagency Biosecurity Task Force Wor k Plan adopted in 2009 ( see Appendix A), and in accordance with the framework and recommendation detailed in the 2009 P lan, the Council shall formulate an updated version of such a plan, to include replacing the mentions of the USDA APHIS PP Q, with the 'Guam Invasive Species Council' or the 'Invasive Species

2009 P lan, the Council shall formulate an updated version of such a plan, to include replacing the mentions of the USDA APHIS PP Q, with the 'Guam Invasive Species Council' or the 'Invasive Species Coordinator', as appropriate. Such plan shall be submitted to I Liheslaturan Guahan in accordance with the Adminstration Adjudication Law process no later than ninety (90) calendar days from the date of enactment of this Act, and shall be subject to legislative approval; and (l) perform all functions necessary to effectuate t he mission of the Council. § 70104. Composition of Council. COL6220165 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 3 (a) The Council shall be composed of the organizational heads, or their designees, from the Guam Department of Agricu lture (GDOA), the Customs and Quarantine Agency (CQA), the A.B. Won P at International Airport Authority, Guam; the Jose D. Leon Guerrero Port Authority of Guam; the University of Guam; the Department of Par ks and Recreation; the Mayors Council of Guam; and the Northern and So uthern Soil and Water Conservation Districts; and to include as non -voting members, representatives from the Bureau of Statistics & Pla

ecreation; the Mayors Council of Guam; and the Northern and So uthern Soil and Water Conservation Districts; and to include as non -voting members, representatives from the Bureau of Statistics & Pla ns, Homeland Security and the U.S. Department of Agriculture. (b) The Council may invite additional public and privat e sector members to serve on sub-committees with significant responsibilities concerning invasive species, and may prescribe spec ial procedures for their participation. § 70105. Government of Guam Agency Duties. (a) Each government of Guam agency whose actions may af fect the status of invasive species shall , to the extent practicable and permitted by law: (1) identify such actions; (2) subject to the availability of appropriations, and within the Administration’s bud get limits, use relevant programs and authorities to: (A) prevent t he introduction of invasive species; (B) detect and respond rapidly to mitigate the population of such species in a cost-effective and environmentally sound manner; (C) monitor invasive species populations ac curately and reliably; (D) provide for restoration of native spe cies and habitat conditions in ecosystems that have been

and environmentally sound manner; (C) monitor invasive species populations ac curately and reliably; (D) provide for restoration of native spe cies and habitat conditions in ecosystems that have been affected; ( E) conduct research on invasive species and develop technologies to pre vent introduction and provide for environmentally sound control of invasi ve species; and (F) promote public education on invasive species and th e means to address them; and (3) not authorize, fund, or carry out actions that it beli eves are likely to cause or promote the introduction or spre ad of invasive species in Guam, the United States, or elsewhere, unless , pursuant to guidelines that it has prescribed and that have been approved by the Council, the agency has determined and made public its determina tion that the benefits of such actions clearly outweigh the poten tial harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. (b) Government of Guam agencies shall pursue the duties set forth in this Section in consultation with the Guam Invas ive Species Council, COL6220165 GCA GOVERNMENT OPERATIONS CH.

n with the actions. (b) Government of Guam agencies shall pursue the duties set forth in this Section in consultation with the Guam Invas ive Species Council, COL6220165 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 4 consistent with the Guam Invasive Species Managemen t Plan and in cooperation with stakeholders, as appropriate. The agencies shall report on their participation as detailed in § 70107(c) of this Chapter. § 70106. Conduct of Meetings. The Council shall meet no less than once quarterly to discuss and assess progress, and to recommend changes to the in vasive species programs based on the results of current risk asses sments, performance standards, and other relevant data. A simple major ity of voting members of the Council shall constitute a quorum to do business; and any action taken by the Council shall be by a simple majority of the voting members. The Open Government Law shall apply to meetings of this Council. § 70107. Guam Invasive Species Management Plan (GIS MP). (a) The Council shall prepare and issue the Guam Invasive Species Management Plan, which shall detail and recommend performance- oriented goals and objectives and specific measures of

Plan (GIS MP). (a) The Council shall prepare and issue the Guam Invasive Species Management Plan, which shall detail and recommend performance- oriented goals and objectives and specific measures of success for government of Guam agency efforts concerning invasi ve species. The Plan shall recommend specific objectives and measures for car rying out each of the government of Guam agency duties establ ished in § 70105 of this Chapter, and shall set forth steps to be taken by the Council to carr y out duties assigned to it under § 70103 . The Plan shall be developed through a public process and in consultation with g overnment of Guam agencies and stakeholders, and is subject to Legisl ative approval. (b) The Plan shall include a review of rapid response protocols, existing and prospective approaches and authorities for preventing the introduction and spread of invasive species in Guam , including those for identifying pathways by which invasive species are introduced and for minimizing the risk of introduction via those pathw ays, and shall identify research needs and recommend measures to minimize t he risk that introductions will occur.

e species are introduced and for minimizing the risk of introduction via those pathw ays, and shall identify research needs and recommend measures to minimize t he risk that introductions will occur. Such recommended measures shall provide for a science-based process to evaluate risks associate d with introduction and spread of invasive species and coordinate a sys tematic risk-based process to interdict, identify, and monitor pathway s that may be involved in the introduction of invasive species. (c) The Council shall update the Plan biennially in accordance with the Administrative Adjudication Law and shall concurrently COL6220165 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 5 evaluate and report on the success in achieving the goals and objectives set forth. The Plan shall identify the personnel, other resources, and additional levels of cooperation needed to achieve the Plan’s identified goals and objectives, and the Council shall provide each edition of the Plan, and each report on it, to the Bureau of Budge t and Management Research (BBMR) and I Liheslatura. Additionally, progress reports shall be submitted annually to the Office of the Governor and I

Plan, and each report on it, to the Bureau of Budge t and Management Research (BBMR) and I Liheslatura. Additionally, progress reports shall be submitted annually to the Office of the Governor and I Liheslatura . Within eighteen (18) months after measures have bee n recommended by the Council in any edition of the Plan, each govern ment of Guam agency whose action is required to implement such measures shall either take the action recommended or shall provide the Council with an explanation as to why the action is not feasible. The Council shall assess the effectiveness of this Plan no less than once every three (3) years after the Plan is issued, and shall report to the BBMR and I Liheslatura on whether the Plan should be revised. ---------- COL622016