5 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 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GUAM INVASIVE SPECIES COUNCIL SOURCE: Added by P.L. 31-043:2 (Apr. 18, 2011). 2015 NOTE: P.L. 26-076:33 (Mar. 12, 2002) repealed this chapter formerly entitled “Department of Commerce.” Section 31(c) of P.L. 26-076 stated: (c) Abolition of Department of Commerce. The Guam Eco-nomic Development and Commerce Authority (“Authority”) succeeds to, and is vested with, all the powers, duties, responsibilities and jurisdiction of the former Department of Commerce (“DOC”). See 12 GCA Chapter 50 - Guam Economic Development Authority. Short Title. § 70101. § 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 (GISMP). § 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 established for the special purposes of protecting Guam from alien species that threaten our economy, culture, ecosystem and human health; and providing policy direction, coordination, and planning among government of Guam departments and federal agencies to prevent the introduction 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: 1 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL (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 local 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 respect to federal issues concerning invasive species in Guam; (f) identify and record all invasive species present in Guam; (g) identify all needed resources for the purpose of working on invasive species prevention, suppression and eradication; (h) advise I Maga’lahen Guåhan and I Liheslaturan Guåhan on budgetary and other issues concerning invasive species; (i) review the structure of fines and penalties to ensure maximum deterrence for invasive species-related crimes; (j) make appropriate recommendations for legislation 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 Work Plan adopted in 2009 (see Appendix A), and in accordance with the framework and recommendation detailed in the 2009 Plan, the Council shall formulate an updated version of such a plan, to include replacing the mentions of the USDA APHIS PPQ, with the “Guam Invasive Species Council” or the “Invasive Species Coordinator”, as appropriate. Such plan shall be submitted to I Liheslaturan Guahan 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 in accordance with (l) perform all functions necessary to effectuate the mission of the Council. § 70104. Composition of Council. 2 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL (a) The Council shall be composed of the organizational heads, or their designees, from the Guam Department of Agriculture (GDOA), the Customs and Quarantine Agency (CQA), the A.B. Won Pat International Airport Authority, Guam; the Jose D. Leon Guerrero Port Authority of Guam; the University of Guam; the Department of Parks and Recreation; the Mayors Council of Guam; and the Northern and Southern Soil and Water Conservation Districts; and to include as non-voting members, representatives from the Bureau of Statistics & Plans, Homeland Security and the U.S. Department of Agriculture. (b) The Council may invite additional public and private sector members to serve on sub-committees with significant responsibilities concerning invasive species, and may prescribe special procedures for their participation. § 70105. Government of Guam Agency Duties. (a) Each government of Guam agency whose actions may affect 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 budget limits, use relevant programs and authorities to: (A) prevent the 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 accurately and reliably; (D) provide for restoration of native species and habitat conditions in ecosystems that have been affected; (E) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species; and (F) promote public education on invasive species and the means to address them; and (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread 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 determination that the benefits of such actions clearly outweigh the potential 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 Invasive Species Council, 3 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL consistent with the Guam Invasive Species Management 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 invasive species programs based on the results of current risk assessments, performance standards, and other relevant data. A simple majority 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 (GISMP). (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 invasive species. The Plan shall recommend specific objectives and measures for carrying out each of the government of Guam agency duties established in § 70105 of this Chapter, and shall set forth steps to be taken by the Council to carry out duties assigned to it under § 70103. The Plan shall be developed through a public process and in consultation with government of Guam agencies and stakeholders, and is subject to Legislative 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 pathways, and shall identify research needs and recommend measures to minimize the risk that introductions will occur. Such recommended measures shall provide for a science-based process to evaluate risks associated with introduction and spread of invasive species and coordinate a systematic risk-based process to interdict, identify, and monitor pathways 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 4 COL622016 5 GCA GOVERNMENT OPERATIONS CH. 70 GUAM INVASIVE SPECIES COUNCIL 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 Budget 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 been recommended by the Council in any edition of the Plan, each government 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. ---------- 5 COL622016