[From the U.S. Government Printing Office, www.gpo.gov]


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                                                                     COASTAL ZONE     INFORMATION CENTER










              THE WETLANDS OF GUAM
                                           Sesonyan Siha


                           A GUIDEBOOK FOR DECISION MAKERS




















                     US Department of Commerce
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                   AA Coa,              Cen. toy LibrarY
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                      2234 cocutla       Aveziue
                      Charleston, SC 29405-2413



             Funded by the U.S. Department of Commerce, Office of Ocean and Coastal Resource Management and
             the Guam Coastal Management Program.

             Bureau of Planning
             Guam Coastal Management Program
             P.O. Box 2950
             Agana, Guam 96910
             Cl 991










                                           CONTENTS


                       PREFACE   ..........................................   1


                       CHAPTER 1: WHAT ARE WETLANDS?     ...............      3


                       CHAPTER 2: WHY ARE WETLANDS IMPORTANT?     .......   13


                       CHAPTER 3: LOCATION OF GUAM WETLANDS    ............ 19


                       CHAPTER 4: LmNG WITH OUR WETLANDS     .............. 23


                       CHAPTER 5: THE NEED FOR BETTER REGULATIONS   ........ 25


                       CHAPTER 6: PROGRAMS AND POLICIES  .................. 31


                       CHAPTER 7: MODEL LEGISLATION FOR GUAM   ............ 39


                       CHAPTER 8: WETLAND ISSUE RESOURCES   ............... 69


                       BIBLIOGRAPHY  .....................................  71
























                                                                  PMRRE

                                                                 I SESONYAN SIHA




             The people of Guam are becoming more aware that                 a barrier against the ravages of typhoons. Wetlands
             wetlands are an integral and necessary part of our              improve our water quality, foster new plant and animal
             Island's ecosystem, but many of us still do not know            life, provide opportunities for recreation, and overall,
             precisely why this natural resource is so valuable. As          add to the exquisite beauty of our island.
             a result, these areas have not received the special
             treatment and attention on a local level that they so           When these wetlands are filled or changed, these
             desperately require in terms of regulation and zoning           benefits are lost forever. Draining of wetlands, for
             laws specifically designed to protect wetlands.                 example, eliminates the natural biological process of
                                                                             filtering water that rains down into our drinking water
             With Guam's limited land resources, and as more and             sources, and increases the potential for flooding in
             more development moves inland, the potential for                areas where a natural balance previously existed. Rare
             losing the last few thousand precious acres of wetland          birds who depend on these areas for primary natural
             resources has grown substantially.        It is critically      habitat will no longer have a nesting place or a future.
             important for Island citizens and officials be informed
             about the ecological importance of wetlands, and all of         This report is designed to help local government
             the different types of regulations and procedures that          officials, landowners and the public gain a better
             need to be instituted to minimize the loss of their life        understanding of what wetlands are, and why they are
             giving benefits for generations to come.                        an absolutely necessary part of Guam's ecosystem. It
                                                                             also contains suggestions on what you can do to protect
             Mangroves, swamps, and other wetlands are necessary             the future of this precious resource for ourselves, and
             assets to our Island. They function in the protection of        most especially, for our children.
             private and public property from erosion and provide













                                   7his Book Was WHUen and Edited, By:


                                                   Ginger M. Cruz
                                    Public Information Officer, Bureau of Planning

                                                   Michael L. Ham
                                  Guam Coastal Management Program Administrator

                                                   Michael J. Cruz
                                          Chief Planner, Bureau of Planning


                                               Peter P. Leon Guerrero
                                             Director, Bureau of Planning


                                               Special Thanks To:

                                                    Bob Anderson
                                             Aquatic & Wildlife Resources

                                                      Gary Wiles
                                             Aquatic & Wildlife Resources

                                                    Francis Dayton
                                             US Army Corps of Engineers


                                           Photography & Cover By:

                                                 Stephen M. A. Cruz
                                               SirenuGuam Photography









             2











               74'p-44 Nli'l
















                                                   SOME OF THE EASIEST WETLANDS TO FIND ARE THE
                                                   REEDS ALONG RIVERS AND STREAMS IN THE
                                                   SOUTHERN PART OF THE ISLAND.
                            1-vI





















   THE HARDEST TO FIND
   AND PERHAPS THE MOST
   ALLURING ARE THE PONDS
   AND SPRINGS CRADLED IN
   GUAM'S VALLEYS.



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                                                                                                       e,
                                                                                                        7


                                                                                      *Son                      Chapter One
                                                                                                                        What Are Wetlands ?





                                                                              Since the earth was created it is believed that practically all
                                                                   of the water that was created with it, the water that gave her life,
                                                                   remains on the globe in one form or another. The cycle of water
                                                                   from the oceans to the rivers and the streams to the plants and
                                                                   animals that depend on it for living, is a complex one, and one that
                                                                   has just begun to get the attention of people around the world
                                                                   concerned with rescuing our environment before we have caused
                                                                   irreversible damage to the precious and limited natural resources
                                                                   that we now control.


                                                                              Guam           has         an
                                                                                                                                                     ...............
                                                                                                                                                       ..............
                                                                                                                                                                      ..........
                                                                                                                                                    .......... .
                                                                   especially                intimate               '76'@- waste    to:  destrgy @.1@6u. r':@:nqtura  I
                                                                                                                                                      ..............
                                                                                                                                                       ..........     .. .. ..
                                                                   relationship with water, as                      resources,    :to    skin and.:
                                                                                                                                                         ...........
                                                                                                                                                       ........... ....
                                                                   we are surrounded by                             land   instead of.:Us'         'I.
                                                                                                                                             109:1'@ I::so1JV-?
                                                                                                                                                        ...... .....
                                                                   sparkling ocean with a                           increase   its usefulness     wil[:        ul..:in...
                                                                                                                                                        r ......... tl-
                                                                                                                                                . ... ............ .
                                                                                                                                            te
                                                                                                                    undermining          in h    days.,..      go r-I
                                                                   culture that is               strongly
                                                                                                                                                           ..........
                                                                                                                                                        ...........
                                                                                                                    children    th
                                                                                                                                   e...-yerywpr     0*.::.:.which::
                                                                                                                                                               ..........
                                                                                                                     ...                               .... ......
                                                                   woven around our coasts.                                      b       ih :t h
                                                                                                                    we, ougk.@,::,. y.@:rig t: 0 and: d
                                                                                                                                                         Qwk to"@ -
                                                                   But it is not only the coastal                :@@::them      I ifli d fid
                                                                                                                          :@a    i le    a
                                                                                                                                                          .............
                                                                                                                                                         .. .............
                                                                                                                                                 .... ........
                                                                   waters that are important in                           ......         ......
                                                                                                                                                       ...............
                                                                                                                                            .... .. .......... .. ........
                                                                   the delicate balance of                          PR.E.S.I.D,E,NTt.HEODORE.ROOS,EV.E,L.T@@@i@@@;i::
                                                                                                                       . .... .....
                                                                                                                    Me"abe ta::conqr6ss:DeceMber-3 1           90
                                                                                                                                                                      7
                                                                                                                                                               ............
                                                                   nature,        for the inland                                         ......                ............
                                                                                                                                                               ...........
                                                                                                                                                         ............. ... .
                                                                                                                                                         . .........
                                                                                                                       .. ... .....-                     . ...................
                                                                   bodies of water are just as                                                    ..........
                                                                   crucial a link to the chain
                                                                   of life.









                                                                                                                                                                      3











           THE ISLAND


                  Located in the Humid Tropical Domain, Guam lies in the
           Western Pacific at approximately 13 degrees 28' N lat. and 144
           degrees 45' E long. or 3,700 nautical miles WSW of Honolulu,
           1,500 nautical miles south of Tokyo and 1,500 nautical miles east
           of the Philippines.

                  Guam is 212 square miles in size (135,680 acres) about 30
           miles long and between 4-8 miles wide. Described as a 'high
           island' with 12 smaller islands along the reef, Guam is
           characterized by sloping hills, intersected by low lying basins that
           are periodically flooded during certain times of the year.

                   The rocky cliff-bound seaward coast fringed by coral reefs
           characterize a broad, gently undulating limestone plateau in the
           northern half. Volcanic formations and perennial streams with
           fringing reefs make up the southern half.

                  It is within the northern plateau that the largest source of
           fresh groundwater on the island can be found. That "water table"
           lies beneath the highly permeable limestone plateau and consists of
           a Ghyben-Herzberg lens system of freshwater floating upon a
           seawater base. The lens is charged by rainwater percolating
           through the limestone cachement, and surfaces at coastal regions
           near sea level forming freshwater caves, springs and seeps. Small
           lakes, marshes or even short streams may be fed by this lens.

                  Grassy flats in the central area are important for the
           recharge of the central aquifer which is a much smaller lens, yet
           the lens least affected by saltwater intrusion. Some water from
           this aquifer reaches the surface at Agana Springs and disperses into
           the Agana Swamp.

                  The south contains two basic volcanic formations, the
           Alutom formation and the Umatac formation. There are
           approximately 40 rivers and streams that form a surface drainage
           pattern that meanders through ravine forests, floodplains, and
           wetlands.


                  Averaging 86 degrees Fahrenheit year-round, Guam has a
           rainy season that runs from July to November and a dry season
           from Jan to May. The average yearly rainfall is between 85 and
           115 inches, less along the coast slightly more rain falls in the


           4









                                             mountains. The yearly average humidity is 66%. Storms varying
                                             from smaller thunderstorms to large typhoons frequently hit the
                                             island bringing short periods of torrential rain.

                                             GUAM WETLANDS


                                                     Wetlands are a unique part of the island's natural land area.
                                             They include swamps, marshes, mangroves, springs and river
                                             valleys that are usually covered with water. Some of the smaller.
                                             areas may dry up during the dry season, while others remain
                                             inundated with surface water year round.

                                                     The wetlands of Guam are mostly confined to the southern
                                             half of the island and frequently occur along stream beds where
                                             both brackish (salty) and freshwater species can be found. In many
                                             instances, a remarkably clear cut demarcation can be seen where
                                             saltwater reed marshes merge into swampland.

                                                     As the interface between the land and   the water, wetlands
                                             perform functions that are very important for the reefs of Guam as
                                             well. Their functions as filters to keep sediment away from our
                                             coral reefs, and as a nursery for juvenile fish are just a few of the
                                             vital links they have with our oceans, while they also provide
                                             much needed shoreline protection during storms.

                                                     The wetlands of Guam are affected more by geology than
                                             by rainfall distribution. The northern limestone plateau is home
                                             to only a few ponding basins, the clay in the south however, is
                                             fraught with wetland areas.       The reason for this is the low
                                             permeability of the soil. While water can drain easily through the
                                             porous limestone, the clay tends to hold water better, creating
                                             wetland areas.


                                                     Of the 46 rivers on Guam which empty into the ocean, nine
                                             exhibit extensive estuarine (mixed salt and freshwater) conditions
                                             while two others have minor estuarine conditions which
                                             exist only at each river mouth.



                                             DEFINITION OF WETLANDS


                                                     The U.S. Fish and Wildlife Service, which has had much
                                             experience in mapping wetlands throughout Guam, the United
                                             States, and several Pacific islands, acknowledges there is no


                                                                                                                  5








            single, correct, indisputable, ecologically sound definition for
            wetlands primarily because of the diversity of wetlands and
            because the demarcation between dry and wet environments can
            vary depending on the time of year, or other special
            circumstances.


            Biological Description

                    Wetlands are those lands where saturation with water is the
            dominant factor determining the nature of soil development and the
            types of plants and animal communities living in the soil and on its
            surface.   More specifically, wetlands are transitional between
            terrestrial and aquatic systems where the water table is usually at
            or near the surface or the land is covered by shallow water.

                    In August 1991, President George Bush unveiled a revised
            wetland policy. It is not known at the time of this publication if
            this new policy will supersede current policy. Basically, the new
            policy would tighten the definition of a wetlands and assign a value
            to each area with the intention of preserving the more "valuable"
            areas first. Environmentalists have criticized this action saying
            millions of acres could be lost nationwide.


                    For purposes of definition for this book, wetlands are
            defined according to the US Army Corps of Engineers technical
            manual adopted in 1989 which states that wetlands must have at
            least one of the following three attributes:

            1) HYDROPHYTIC VEGETATION: At least periodically, the
            land supports a predominance of plant life that depends on
            saturated soil. These plants are known as hyrdophytic and lists are
            available on what plants fall in this category.

            2) HYDRIC SOILS: Saturated, flooded, or ponded soil which
            creates anaerobic conditions (lacking oxygen) for at least 14
            consecutive days.

            3) WETLAND HYDROLOGY: Presence of water for a week or
            more at the site. This category is hardest to determine since it is
            seasonal.


                    The 1989 manual has been revised in 1991 however, and
            it is anticipated that the definition could change, perhaps reverting
            to a previous definition by the Army Corps which requires


            6











                                              wetlands to have all three characteristics.


                                              Leizal Definition


                                                      The latest definition used by the Government of Guam can
                                              be found in the Territorial Land Use Commission/Territorial
                                              Seashore Protection Committee (TLUC/TSPQ Wetlands Rules and
                                              Regulations (Title XVIII and XIV of the Government Code of
                                              Guam):

                                                      Those areas that are inundated by surface or
                                                      ground water with a frequency sujficient to support
                                                      and under normal circumstances does or would
                                                      support a prevalence of vegetative or aquatic life
                                                      that requires saturated or seasonally saturated soil
                                                      conditions for growth and reproduction. Wetlands
                                                      generally include swamps, marshes, mangroves,
                                                      natural ponds, surface springs, estuaries and
                                                      similar such areas.


                                                      Guam's definition differs from the official federal definition
                                              in that the wording used on Guam includes references to aquatic
                                              life and specifically includes pond, surface springs, and by
                                              reference, many marine based wetlands.


                                              Primary Map

                                                      Although no comprehensive map of all Guam wetlands has
                                              ever been completed, an interim map which identifies most sites
                                              has been adopted through Executive Order 90-13. This order
                                              adopted the 1983 National Wetland Inventory by the U.S. Fish and
                                              Wildlife Service Map as the official map until a study is
                                              completed.

                                                      The adoption of the map has improved wetland monitoring
                                              and preservation considerably. Now the regulatory agencies of the
                                              Government of Guam and the Federal Government have greater
                                              enforcement authority, and developers and landowners have a good
                                              idea of what areas may require special consideration without
                                              extensive surveys.





                                                                                                                   7










            How do you determine if an area is wetland?

                   The U.S. Army Corps of Engineers has federal manuals
            that explain the procedure for delineating wetland areas, but there
            are some easy indications that the average citizen can use to at
            least get a preliminary idea of their wetland boundary.

                   As outlined in the definition of a wetland, there are three
            essential criteria for determining wetlands. Even if only one or
            two of these criteria are met, there is a good chance you have
            encountered a wetland, and that in the rainy season the other
            criteria will be met.


                   The first step in finding your wetland boundaries is to
            research all available information on the site.       The National
            Wetland Inventory Map, available at the Bureau of Planning is a
            good place to start. Once you locate the property on the map, you
            may want to research other written documentation of wetland
            areas, and ask nearby residents about the history of flooding and
            standing water at the site.

                   Next, you will want to walk through the area and see for
            yourself what characteristics make up the landscape. If there is
            standing water on the property that you know has been there for
            a while, you are in a wetland.

                   After this, you want to determine the dominant types of
            plant life. The most water dependant plants are "Obligate", these
            are plants that are found in wetlands 99 % or more of the time.
            Next is "Facultative Wetland", which are found in wetlands
            between 66% and 99% of the time. Next are "facultative", which
            are found in wetlands 33% to 66% of the time. A common
            example of an obligate plant is Phragmite , a reed known in
            Chamorro as "karriso". If this plant is present, you have a good
            indication that this area is a wetland. Biologists at the Department
            of Agriculture and the University of Guam College of Agriculture
            have publications that identify these plants.

                   If the plants have been destroyed, or you are unable to
            judge, the next step is to look at soils. "Hydric Soils", as they are
            called, are soils that are saturated with water for "more than two
            weeks during growing season". That definition by the federal
            government identifies "growing season" as any time the soil


            8









                                              temperature is above 47'F. On Guam, that is year round.

                                                      What does a hydric soil look like? A sample taken to a
                                              depth of about 18 inches should give a good indication. The top
                                              would probably be thicker and darker in color than upland soils,
                                              while the middle section may have what are called "mottles".
                                              Mottles are the result of a chemical reaction between oxygen and
                                              the iron present in the soil. Just as your car rusts when you
                                              expose the metal to the air, iron in the soil will "rust" or change
                                              color when there is oxygen. Hydric soils, however, do not have
                                              much oxygen because water is keeping the soil inundated.
                                              Therefore the colors of the soil will be much duller than the
                                              brighter colors upland.

                                                      Finally, the deepest layers will be "gleyed". Greenish,
                                              grayish and bluish colors will characterize this layer which is
                                              constantly saturated with water, and gets no oxygen.

                                                      The U.S. Soil Conservation Office at Dean's Circle has a
                                              list of hydric soils for Guam.

                                                      Other indications of a wetland include drift lines, vegetation
                                              scattered along water lines, sediment deposits, water stained
                                              leaves, drainage patterns, and signs of plants trying to adapt to
                                              water.


                                                      For a true delineation of wetland boundaries, however, you
                                              will need to hire professionals to study the area. Ask the Guam
                                              Environmental Protection Agency, the Department of Agriculture,
                                              or the U.S. Army Corps of Engineers for more information on
                                              how obtain a field survey so you will know for sure.

                                              WETLANDS CLASSIFICATION SYSTEM


                                                      Many of Guam's wetlands can be found where fresh river
                                              water mixes with the salty sea water. These areas are collectively
                                              called "estuaries".    Sometimes fresh water also seeps from
                                              underground. The fresh water tends to remain on the top while
                                              saltwater, which is heavier, sinks to the bottom, creating different
                                              environments for the creatures and plants that live there. Many
                                              species of fish depend on this habitat to raise their young.

                                                      This system also provides many different types of nutrients.
                                              Plants, for example, take in the nourishment from the riverbed and


                                                                                                                    9








            the sunlight. They die, and the fragments, called "detritus" are
            eaten by bacteria. Detritus and algae produce important nutrients
            for shellfish, and other small creatures, which in turn are food for
            larger fish and birds. Thus starts one of the most productive life
            cycles on earth.

                   The U.S. Fish and Wildlife service has compiled a
            sophisticated classification system for wetlands. This is used on
            many documents, including Guam's Official Wetlands Map.
            However, for purposes of this book, we have simplified the
            classifications down to the following categories:



            Estuarine


            El.    Saltwater Aquatic -

                   These wetlands are routinely flooded by saltwater.
            Vegetation such as sea grasses and algae can be found in certain
            areas. Others support corals while still others are intertidal reefs
            and unconsolidated shore. A highly productive ecosystem, this
            area provides a feeding ground for juvenile fish. Shallow waters
            are home to such species as hawksbill and green turtles, fish and
            shellfish. Included here are those wetlands identified as marine
            system, tidal ponds.

            E2.    Coastal Marsh -


                   Predominantly herbaceous vegetation, sedges and grasses
            grow here under the influence of brackish (salty) water. Reed
            marshes are included in this category. Often located at the mouth
            of a river where outlet meets ocean water (transitional), these
            wetlands include intertidal estuarine emergent persistent wetland.

            E3.    Mangrove Swamp -

                   Estuaries in which grow plants with extensively
            intertwining prop root systems are called mangrove swamps.
            Dominated by mangrove species, these areas also have brackish
            water and support other woody species. They may have a
            distinctive odor at low tide.







            10











                                            Freshwater


                                            F 1.    Freshwater Aquatic -

                                                    Fringe areas of stagnant ponds, slow-moving streams or
                                            lakes that support wetland species. Permanently flooded by
                                            freshwater, these areas usually contain floating species without
                                            well-developed structural support. Includes reservoirs as well and
                                            can provide food for waterbirds. Also described as riverine,
                                            aquatic bed, lacustrine and limnetic.

                                            F2.     Marsh Land -

                                                    Also called grassy marsh, sedge marsh, reed marsh. Little
                                            open water choked with reeds and sedges. Places where the water
                                            table is at or near the surface Permanently and which supports an
                                            herbaceous type of vegetation usually in pure stands. Can also
                                            contain mass of floating vegetation, and shrub vegetation. Found
                                            in lowland and upland, they can occur in savannah wetlands that
                                            probably came about as a result of massive disturbances that
                                            altered soil characteristics. These areas are important waterbird
                                            habitat. Also described as emergent riverine wetland, palustrine
                                            and scrub-shrub wetland.


                                            F3.     Swamp Land -

                                                    Dominated by secondary vegetation, swamps are created
                                            when marshland becomes invaded by shrubs or trees due to a
                                            buildup of sediment.      Nypa and Hibiscus swamps can be
                                            recognized on Guam. "Endangered" plants may occur in these
                                            areas which occur as swamp forest mangrove stands along
                                            mudflats, and ravine forests. Predominantly woody species in
                                            dense stands characterize these areas that are periodically
                                            inundated or waterlogged especially in low lying areas. Forested
                                            palustrine wetland is another classification given here.

                                            Artificial


                                            Al.     Cultivated Wetland -


                                                    Vegetation of cultivated crops requiring wetland conditions
                                            and the associated weedy species make up this category. Rice or
                                            taro are common species to be grown by farmers on wetland,
                                            however such wetlands are currently not seen on Guam.











          A2.    Other Manmade Wetlands -


                 Created wetlands including positive-artificial such as
          ponding basins, ditches etc. and negative-artificial including those
          areas that due to disturbance by man, are saturated for a significant
          amount of time such that the species that live in the area are
          classically wetland species. They can be temporary in nature.








































          12




































                                WETLANDS PERFORM    MANY  FUNCTIONS
                                INCLUDING  PROVIDING  HABITAT   FOR
                                JUVENILE FISH.




                                                               Jer '0


                                                                            Ilk











                                WETLAND MARSHES ARE ALSO A FAVORITE
                                PLACE FOR BIRDS WHO FIND FOOD CLOSE
                                TO SHORE.













                                                        4 @XSDS


                                                                      7


                                                            o n                Chapter Two
                                                                           Why Are Wetlands Important?




                                                     Wetlands are among the most productive ecosystems in
                                             nature. Wetlands protect homes, farmland, villages, and urbanized
                                             areas from flooding by slowing and storing floodwaters. They trap
                                             and modify pollutants from stormwater and runoff. Wetlands
                                             provide the basic connection between estuary and freshwater food
                                             webs. They are essential areas for feeding, nesting, cover,     and
                                             breeding of a vast variety of birds, fish, reptiles, invertebrates, and
                                             mammals.


                                                     For many years it was       Knowing tha.l...nalu,re.:@,neve,r:@:M,@.,
                                             thought development, and the        betray the heart that 16ved herc.,.
                                             jobs and taxes that resulted,             WILUAM w.OFtDSWQRT.   .W-
                                             were more important than
                                             preserving     these     areas.
                                             However when you consider
                                             development in a wetland area, the      negatives can  be  far  more
                                             irreplaceable and significant including the loss   of: existing use,
                                             flood reduction functions, water treatment, wildlife habitat and
                                             recreation.


                                                     Three major categories of wetland values are    discussed in
                                             more detail below:


                                             Ecolop-ical Value

                                                     Wetlands act as a source of freshwater and as floodplains.
                                             When it rains, they catch the water and store it for dryer days,
                                             much like a sponge. They also are a "safety-valve" providing a


                                                                                                                13








            natural area for water to seep to after a heavy rain so that homes
            and businesses are protected from floodwaters.

                   The dynamics of a natural wetland include both land-
            building and land-holding or erosional protection. They provide
            shoreline stabilization and protection from the wind, floods and
            waves. As water washes in, the wetland vegetation slows down
            the flow inland. The prop root system in mangroves, for example,
            reduces tidal currents and traps much floating debris resulting in
            the extensive deposition of sediments and eventual creation of
            more land. Floodwaters from the interior of Guam by the same
            token, are slowed by the same process, and released at a lower
                                                                                                       H19h., flood -d h.gh.r flow.
            velocity downstream. As land builders, mangrove areas, with
                                                                                                            Lower floW crest end
                                                                                                               I..., flow.
            their tangle of prop roots and vegetation, trap particles and                                          WETLANDS @X
            sediment that is running through them. This gradually raises the
             a
            level of a the wetland until a dryer patch of land is created. At the                                NO WETLANDS0
                                                                                    3: ----------
                                                                                    0
            same time, wetlands plants and animals venture further out into the
            ocean to claim more area.                                                  "'TIME

                                                                                        Kusler, 1983
                   Wetlands also have among the highest biological
            productivity in the world, and possibly represent the best example
            of the food chain. The sun's energy is changed into plant tissue at
            a rapid rate, while lots of oxygen is produced. While a fertile
            hayfield, for example, may produce 4 tons per acre per year of
            organic material, the average wetland produces 10 tons per acre
            per year (Odum). These areas produce edible delicacies such as
            oysters, shrimps, clams and mussels, and in several areas on the
            mainland, can provide raw materials used in making paint varnish,
            ink, lipstick, soap, insect spray, and other items.

                   Groundwater discharge is also an important function.
            Agana, Bonya and Almagosa Springs are examples where
            groundwater seeps to the surface.

                   Active wetlands serve to reduce the nutrient load in runoff
            and protect the ecological balance in estuarine and marine waters
            by limiting the type, amount, and nature of algae growth. Excess
            algae grwoth or an unnatural distribution can wreak havoc with               N@e_tlands retain runoff, slo
            marine communities such as coral reefs.                                      of discharge into streams and rivers.
                                                                                                                      IAN

























                  Wetlands preserve the integrity of the water lens system,
                                                                                                                 N
                                                                                                                   WEL. DS
                                                                                                                      N


























            and in fact many scientists have linked the wetlands to Guam's
            water tables and groundwater recharge. Wetlands enhance water
            quality by retaining pollutants and converting them through a


            14









                                                biochemical process to less harmful substances.              They also
                                                transform and retain nutrients, reduce sediment and filter surface
                                                runoff.


                                                Values and importance to wildlife

                                                        Wetlands support aquatic plants and animals, providing
                                                food and serving as a wildlife habitat. Some of Guam's birds are
                                                endangered, and rely heavily upon this habitat. Some examples of
                                                birds that are wetland dependant include:


                                                               "And the pond's stillness nippled as if by rain
                                                               instead is pocked with life. "
                                                                                            Maxine Kurnin
                                                                                          Creatures, 1972





                                                1) Marianas Common Moorehen
                                                        Locally known as "pulattat" the Gallinula chloropus guam
                                                        is a black bird with a red bill tipped in yellow. Its legs and
                                                        feet are olive and it lays 4-8 eggs which are buff colored
                                                        with lavender and brown spots, in a platform of nest reeds.
                                                        This bird feeds on aquatic insects and plants.
                                                2) Marianas Mallard
                                                        Now extinct, Anas oustaleti was known to grow to 20
                                                        inches in length. A dark brown duck with grey wings and
                                                        buff cheeks, throat and eyestripe, the mallard carried a
                                                        bluish green spot on its wing, characteristic of the species.
                                                        The mallard lived and nested in reed swamps and was last
                                                        recorded on Guam in an area across from Navy PWC in
                                                        Piti around 1968.
                                                3) Nightingale Reed Warbler
                                                        Now found only on Saipan and Alamagan, this bird,
                                                        Acrocohalus luscinia was known as the only true songbird
                                                        of Guam. Sporting a pale-yellowish breast, brown back,
                                                        and curved bill, it is called "ga-karriso" in Chamorro.
                                                4) Yellow Bittern
                                                        Ixobrychus sinensis or "kakkak" in Chamorro, is a
                                                        common medium-sized buff, yellow, and brown striped
                                                        bird.   Nests are found in dense strands of reeds and
                                                        grasses. They lay 3-6 pale blue eggs in nests of dead plant
                                                        material. They can be distinguished in flight by their long
                                                        bill and long legs trailing behind.


                                                                                                                        15









            5) White-browed Crake
                   Porzana cinerea or "bako" in Chamorro, was a small
                   species of rail that became extinct on Guam sometime after
                   World War II. It used to occur in the Agana Swamp and
                   other wetlands.


                   Wetlands also serve as a nursery ground for juvenile plants
            and animals. Just a few examples of the types of species found in
            these habitats include native freshwater eel Anguilla marmorata
            which are especially abundant during the rain. Tilapia Oreochromis
            mossambicus and Tilapia zill which were introduced to Guam are
            also abundant. There are also catfish "itot", gobies "atot", and
            flagtails "umatan".

                   Mudflats associated with mangroves provide burrows for
            mud crabs while the prop roots of plants provide attachment sites
            for a variety of mollusks.    In general, wetlands are also the
            preferred habitat of most commercially viable shellfish. In fact
            freshwater shrimp, or "uhang" are found occasionally in springs
            on the island.


                   Bufo marinus or toads, introduced from Hawaii in July of
            1937 to control the black garden slug, also live in wetlands. The
            Agana Swamp in particular is home to numerous household pets
            released in the wild such as turtles, carp, goldfish and guppies.

                   Juvenile mullet and dominant invertebrates, crustaceans and
            mollusks also live in the swamp as well as green algae
            Enteromofpha     compressa.     Mudskippers,      Periophthalmus
            koelreuteri or-"macheng", especially like the mangroves, as do
            worms, clams and snails. Mudskippers are interesting creatures
            that live in salt and freshwater, as well as out of water. Their
            bulging, rotating eyes give them a great view. They are known to
            dig burrows up to 20 inches below ground. There is a distinct
            chimney they build over the entrance to this burrow. They can be
            seen skipping and jumping on land, swimming, or climbing prop
            roots and trees.


                   There are also many varieties of land crabs that live here
            including "panglao" Cardisoma carnifax and mangrove crabs
            "admangao" Scylla serrata which are also found in estuarine
            wetlands on Guam.





            16









                                                     Perhaps the most lively animal that you are bound to find
                                              at a mangrove swamp such as Apra Harbor, is the fiddler crab.
                                              Given that name for the "fiddling" motion the male makes with its
                                              large claw to attract a mate, the small crabs are quite captivating.
                                              Males can be identified by their oversized feeding claw which is
                                              often red, pink, yellow or blue. These crabs can live in or out of
                                              water, and dig burrows in the mud for shelter. They are territorial
                                              and feed on organic debris in the mud. Fiddler crabs have a
                                              special biological timeclock that alerts them to the changes in the
                                              tides, and even when separated from their natural environment,
                                              they exhibit behavior that indicates it is time to burrow under the
                                              mud when the tide is coming in.

                                                     Other wetland plants include the Uchaga-lane or Eleocharis
                                              ochrostachys, ground chestnut.      Some vegetation may not be
                                              endemic to Guam, but may have. been introduced during long
                                              periods of administration by the Spanish, Japanese or Americans,
                                              however freshwater wetlands usually contain endemic species and
                                              can support special life forms.

                                                     Dredging or filling of wetlands would mean either total
                                              elimination of waterbird habitat or severe impairment rendered to
                                              the very complex nutrient exchange process. Normal ecological
                                              succession can also be accelerated, retarded, or totally destroyed
                                              by increased siltation and by altering the photosynthetic process.
                                              Adverse water levels, flow turbidity, salinity, temperature and
                                              wave action also influence the quality of a waterbird habitat.
                                              These in turn determine the amount and composition of food and
                                              cover available for species using wetland habitat. Erosion can also
                                              be an acute problem, removing ground cover. This, combined
                                              with high temperatures can result in loss of topsoil leaving baked
                                              hardpans, lower fertility, lower water capacity and more rapid
                                              runoff.   Construction of dams and irrigation channels may
                                              seriously alter biotic communities attuned to natural flooding and
                                              could drastically alter soil salinity and nutrient distribution.
                                              Permanent re-routing of water can also alter vegetation patterns
                                              encouraging invasion of plants that are not compatible with
                                              waterbirds and placing critical nesting sites underwater.

                                                     These are just some of the biological results of disturbance
                                              of wetland areas. There are a myriad of other ways that the
                                              animals and plants that depend on wetlands would be affected in
                                              the face of developernent, and these impacts must be considered
                                              before development is allowed to take place so that projects can


                                                                                                                 17









            compliment and enhance nature.

            Other values


                   Wetlands are also a very valuable financial resource. Ten
            Billion Dollars ($10 B) worth of commercial marine harvests were
            gathered in the United States in 1990, the bulk of this harvest was
            wetland dependent.

                   Other uses for wetlands include aesthetic beauty and
            recreation. These are natural areas with biological diversity. They
            are also important educational tools.     Lastly, wetlands are a
            vanishing resource that must be managed and protected.


































            18
















                                                 lu

                                                ." "Tw




















                              THESE MAJESTIC LILY PADS ARE FOUND
                              BENEATH A BRIDGE NEAR  THE AGANA
                              SWAMP.





                                                     Ile



                                               @ko




                                                            -14 N-







                                                              4.

                                              -41
                             til th,




                              A CLASSIC MANGROVE STAND, THESE PLANTS
                              HAVE PROP ROOTS THAT HOLD THEM AGAINST
                               INCOMING TIDES.










                                                        pSDS  OP



                                                                        Chapter Three
                                                       gonyar% .$         Location Of Guam Wetlands






                                                         'Nature, is trying very hard to make.'us@s4eceed.,
                                                         but nature does not de 0 on us. [email protected].,Apt
                                                         the only experiment..
                                                                          ,:RICHARD FULLER 1:97&



                                           There are a number of areas    on Guam that   are recognized and
                                           delineated as wetlands. These regions have been named below but
                                           do not represent all of the wetlands on the island, only the main
                                           ones. Acreage is approximate, and was based'on a compilation of
                                           existing research of the areas.

                                                   A. AGANA SWAMP
                                                          Agana Swamp/Agana Spring 306 acres
                                                   B. SASA MANGROVES AND MARSH
                                                          Outer Apra Harbor 252 -acres
                                                   C. ATANTANO RIVER VALLEY AND MANGROVES,
                                                     -    Atantano River 321 acres
                                                   D. NAVAL STATION MARSHES
                                                          Naval station 5 sites : 7 acres 36 acres 7.8 acres:
                                                          Apalacha River, Freshwater Basin
                                                   E. NAMO RIVER FLOODPLAIN
                                                          Formerly part of Namo River Basin now -a sanitary
                                                          landfill, Rizal Beach, Namo, River tributaries in
                                                          hills above Agat. 81.5 acres.
                                                   F. UMATAC MARSH
                                                          Umatac 27.1 acres sloping valley springs and seeps
                                                          feeding and_draining into Umatac River, with
                                                          carabao










                   G. GEUS RIVER ESTUARY
                           Merizo 4.8 acres : Geus River/Mamoan Channel
                   H. ACHANG BAY MANGROVES
                           Achang Bay/Manell and Suyafe Rivers Achang
                           Creek Manell Channel 37.7 acres
                   1. AJAYAN ESTUARY
                           Ajayan Bay, Agrigan Island 11.5 acres (narrow
                           river valley lined with mudflats)
                   J. AGFAYAN ESTUARY
                           Agfayan Bay, Bear Rock, Agfayan River 69.2 acres
                   K. INARAJAN RIVER ESTUARY
                           Inarajan Bay Inarajan River 99 acres
                   L. TALOFOFO RIVER VALLEY
                           Talofofo River, Ugum River 538 acres
                   M. PAGO RIVER ESTUARY
                           Pago Bay, Pago River 23.1 acres
                   0. FENA RESERVOIR
                           Fringing areas support wetland flora and fauna --
                           200 acres.


           In addition there are other estuarine rivers as listed in the Atlas of
           Reefs and Beaches on Guam:
                   a. Ylig River
                   b. Togcha River
                   c. Pauliluc River
                   d. Cetti River


           Amount of Wetlands on Guam


                   According to the National Wetlands Inventory conducted on
           Guam in 1983, there are 14,216 acres of wetlands and deepwater
           habitats on Guam. Coral reefs dominate with a total acreage of
           9,080 followed by forested/scrub-shrub wetlands 2,346 acres and
           emergent wetlands 1,400 acres.

                   Subtracting the coral reefs, there are 5,136 acres of
           wetland, presumably on land. That, divided by Guam's
           approximate land acreage of 135,680, gives a figure of 3.8% of
           Guam is wetlands, most of that located south of Agana.







           20









                                             Breakdown of National Wetlands Inventory of Guam
                                               by FWS category

                                             CATEGORY                                                ACREAGE
                                                    Marine System     ................           **-      9,516
                                                            Coral Reefs                    9,080
                                                            Seagrass Bed                    353
                                                            Unvegetated Shoreline           83
                                                    Estuarine System     .....................               915
                                                            Open Water                      713
                                                            Mangrove                        176
                                                            Other                           26
                                                    Palustrine ...................                        3,853
                                                            Forested/S hrub Scrub          2,170
                                                            Emergent                      1,386
                                                            Open Water/Aq Bed               27
                                                    Lacustrine    .........................                   198
                                                    Riverine   ............................                     4




































                                                                                                               21


























                                                                                        PANDANUS TREES ARE OFTEN FOUND IN WETLAND
                                                                                        AREAS AS WELL AS RAVINE FORESTS.                            THEIR
                                                                                        COLORFUL FRUIT EATEN BY MAN AND ANIMAL

                                                                                        ALIKE.
















                                      7low












    NOT OFTEN SEEN BY MOST
    PEOPLE, FENA LAKE LIES
    IN     THE       MIDDLE          OF
    GUAM'S SOUTHERN TIP

    AND IS RICH IN ANIMAL

    AND PLANT LIFE.







                                                                                       Z:l
                                                           ... ulwwjm@-




                                                                        -oi;;m 0ailow"..                  zoo-

















                                                             NNDS .


                                                                         el
                                                                          7

                                                                               Chapter Four
                                                          .00, 0 n               Living with our Wetlands.




                                                       There are many things that. we can do to help our wetlands
                                               grow, and just as many things we can do to enjoy them. The
                                               involvement of every citizen in environmental issues will not only
                                               make Guam a more beautiful and clean place to live and raise your
                                               children, but your involvement can also help reduce the impact of
                                               such forecast crisis situations as the "greenhouse effect",    "global
                                               warmingli, or 11sea-level rise".


                                                       When we talk about
                                                                                      n't easy: being
                                               protecting our wetlands
                                               and the natural resources                     -URMIT
                                                                                                       TRETROG.::@
                                               that are linked with them,
                                               it is important to know that
                                               there are just not enough
                                               government inspectors to be at every      development, islandwide,
                                               every day.    Therefore, it is up to the citizens, who see the
                                               environment being damaged, to call in to their government
                                               agencies and report violations. Every month, several tips are
                                               made to regulatory agencies, and as a result, our beaches, rivers,
                                               and air are saved from some damage.

                                                       Many opportunities exist for private citizens, corporations,
                                               government agencies and others to work together to slow the rate
                                               of wetland loss and, where necessary, to improve the quality of
                                               our remaining wetlands.         Citizen participation in wetlands
                                               protection is essential to success. Some options for private citizens
                                               to improve the status of wetlands are:
                                                       a) Seeking compatible uses for wetland areas
                                                       b) Selecting upland sites for development


                                                                                                                   23








                   c) Donating wetland areas for public conservation.
                   d) . Maintaining wetlands and adjacent buffer strips as open
                   space
                   e) Constructing ponds in uplands and managing wetland
                   and aquatic species
                   f) Supporting wetland conservation initiatives by public
                   agencies and private organizations
                   g) Participating in program by reviewing public notices,
                   and, in appropriate cases, commenting on permit
                   applications.

                   But living with our wetlands does not only mean policing
           them. It also means enjoying them. Wetlands are a great place to
           take your children to show them the cycle of nature. They are
           beautiful locations for still and video photographers too. And, if
           you want to catch an occasional glance at a few of the bird species
           left on the island, a good place to do that is in the wetlands.

                   Sporting events, such as catch-and-release fishing at Fena
           Lake have proven to be great fun, and while you satisfy your
           sporting desires, you can also enjoy the sheer beauty of Guam's
           largest lake. These activities may grow as the public demands
           more contact with our inland waterways, and if we show that we
           care about protecting and preserving these areas.

                   How many people know about all of the rivers that run
           throughout southern Guam? There are swimming holes that have
           been created along some of Guam's bigger rivers, and one
           entrepreneur has even turned a river into a ride for tourists. The
           more we know about our wetland areas, the harder it will be for
           developers to close off the last few spots left.

                   Educators are encouraged to teach children about their
           island environment which includes not only the mountains and
           beaches, but also the wetlands. Fieldtrips can be arranged for
           your classes. For more information, contact the Department of
           Agriculture. Wetland areas such as the Agana Swamp are great
           places for kids to see for themselves how this unique and complex
           ecosystem works.







           24











                                                                                          TA D S  0.4,

                                                                                                        e,
                                                                                                         7

                                                                                                                         Chapter Five
                                                                                     e. sony                      The Need for Better Regulations.




                                                                                  There are several reasons for wanting to improve our
                                                                       existing laws, rules and regulations governing wetlands. But first,
                                                                       we need to understand what activities affect wetlands, and would
                                                                       be subject to regulation.

                                                                                  There are three basic                      'Almost all islands. with human
                                                                       methods of altering wetlands:                         populations have beep: subjected to
                                                                                                                             widespread destruction: of vegetation
                                                                                                                             and animals. This deterioration goes
                                                                       1)         PHYSICAL               -       this        on and in many areas has, caused
                                                                                                                             irreversible destruction.        The few
                                                                       includes         filling,        draining,            islands that refnain':@:Ivv    it.h
                                                                       excavating            or       dredging,              vegetation an   .d  intact   ..:,aIniMal-fife,or
                                                                       diverting         water,          clearing,           that have not b.qen@toq          markedly
                                                                                                                             damaged by      hum.qh,@,activity.: are of.....
                                                                       flooding,               withholding                   inestimable scientific              d
                                                                                                                                                          va ue. an,  may
                                                                       sediment,             shading,              or        We// prove significaht:        for :human
                                                                                                                             welfare.. CURRY-LIND         .HAL. 1972
                                                                       conducting activities in an
                                                                       adjacent area.

                                                                       2)         CHEMICAL - altering nutrient levels or introducing toxins.

                                                                       3)         BIOLOGICAL - including grazing and disrupting the
                                                                       natural population by such activities as introducing exotic species.

                                                                                  All of these methods have an impact on wetland areas and
                                                                       as such should be subject to review by authorities before any such
                                                                       activities are undertaken.


                                                                                  There are several reasons for stronger local protection of
                                                                       wetlands. A few of the stronger arguments are mentioned below.


                                                                                                                                                                         25









                   1. ENVIRONMENT - The first argument that probably
           comes to mind is protection and management of our environment.
           The public is becoming more and more aware of ecological
           concerns as we progress into the nineties. Guam residents and
           voters will react to lawmakers who act to keep our drinking water
           clean, prevent floods from inundating their homes, and safeguard
           our endangered wildlife. These things can be done by passing
           local laws that manage our wetland areas. Many of the birds that
           depend on wetlands are near extinction, if not already extinct.
           Once their nesting and breeding grounds are gone, these winged
           creatures will never roam the island, or for that matter, the earth,
           again. It is our responsibility as caretakers of the island to offer
           protection to the other creatures and plants and share this land with
           US.

                   2. DEVELOPMENT - Although you may not make the
           connection at first, more comprehensive wetland regulations can
           work out to the benefit of developers too. Understanding the
           resources and natural constraints of a piece of property before
           expensive plans are put in motion can save developers lots of
           money. Wetlands are not good areas to build on because they tend
           to flood and be unstable. Knowing the boundaries of a wetland
           and building around it will save expensive engineering decisions.
           Filling a wetland may also cause flooding on other sections of
           property. These constraints may not normally be noticed until late
           in a project, causing expensive delays and redesign.

                   Wetlands are also attractive additions to the natural
           landscaping of an area. An important point must be made here.
           The objective of creating wetland regulations is not to restrict
           development. Rather, it is to better manage it for the benefit of all
           the people on Guam.

                   3. SOVEREIGNTY - Guam is at a crossroads now of a
           new political identity -- Commonwealth. Struggling to attain more
           autonomy in areas such as our economy and control over
           immigration show our determination to decide our own destiny.
           If we are that certain we can take responsibility for our political
           future, we must also shoulder the responsibility of managing our
           environment.     Numerous conferences on the wetlands have
           concluded that the more a local government takes control over
           their environmental issues, the more control the federal
           government will turn over. After all, who knows best the land use
           issues of our island than ourselves. While many environmental


           26



























                                                                                                  ol



















                              AN EXAMPLE OF ONE FILL PROJECT GOING
                              ON IN THE AGANA   SWAMP AREA WITH
                              MANY CONSEQUENCES FOR THAT WETLAND

                              AREA.





















                                                                    KA







                                                                      Ar




                          L:                           f -odw
                                     - @@sj,

                              THE AGANA SPRING IS ANOTHER FRESHWATER
                              SOURCE THAT IS HOME TO FISH AND BIRDS.









                                decisions remain in the hands of federal agencies stationed in
                                Honolulu and San Francisco, it is our people who live with the
                                changes in landscape, and the loss of a precious river or ravine
                                forest.


                                        4. FINANCE - When one developer was fined $1.3
                                million by the U.S. Army Corps of Engineers for destroying
                                several acres of wetland, it was the Federal Government that
                                collected the bulk of that money. Guam received just a small
                                share. Local regulations would mean that the Government of
                                Guam could impose fines of her own and those monies Would be
                                retained on island to be put towards possible wetlands enhancement
                                or other related projects.

                                        5. ECONOMIC FUTURE - Tourism. Yes, tourism is
                                connected with wetlands, just as so many other facets of our lives
                                are. How do we draw this connection? What is it that draws the
                                tourists to Guam rather than any other vacation spot? Well,
                                proximity may be one reason, but perhaps a better reason is our
                                natural beauty and the variety, we have to offer. Part of that
                                beauty is our natural coastline resplendent with coral and fish, our
                                rivers that feed the ocean, and our greenery. Once any part of that
                                intricate web of nature is disturbed, there is a domino effect. If
                                the wetlands are destroyed, the coral reefs will be destroyed.
                                Then Guam will no longer have any reason to draw tourists, and
                                the wonderful economic expansion we are enjoying today could be
                                just a memory.

                                        Another way in which tourism is connected with the
                                wetland issue is in its affect on development. With the increase in
                                tourism comes an increase in development. Aside from the
                                northern water lens, new sources of drinking water must be
                                located, controlled and protected. This can only be achieved
                                through accessing the runoff from the volcanic lands of southern
                                Guam where numerous streams and rivers are found.                  The
                                wetlands associated with the southern watercourses are exceedingly
                                complex and fragile. The ecological balance between seasonal
                                rainfall patterns and water dependent fauna and flora is in great
                                danger of being upset and, along with it, the utility of the potential
                                water source represented by the surface water in streams and
                                wetlands.


                                        6. PUBLIC WELFARE - Protecting wetlands means
                                protecting the public health, safety and welfare in a myriad of


                                                                                                    27








                                          ways from numerous environmental impacts of development such
                                          as:

                                                      1) Unnecessary maintenance and replacement of public
                                                      facilities, including the dredging of ports and navigation
                                                      channels;

                                                      2) Publicly funded mitigation of avoidable impacts;

                                                      3) Cost for public emergency rescue and relief operations;
                                                      and

                                                      4) Potential litigation from improper construction practices
                                                      authorized for wetland areas.





                                                                                               ...... .... ......... ... ...... .......

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                                                                     .......                                          fl:    (overb:....I.I.I.,
                                                                                                                          P

                                                                            ...........
                                                      ........       . .. .... ......... 11 ........I.... . .... ...I....... ....I
                                                                                                                               . ...... ......
                                                                                                                                ... ..........
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                                          Case studies of wetland issues


                                          Manenjeon Hills


                                                      The $800 million Manengon Hills Development in Yona
                                          has initiated extensive environmental control measures under the
                                          guidance of the Guam Environmental Protection Agency following
                                          a series of problems.

                                                      In December of 1989, the Manengon Hills contractors
                                          began clearing and grading. Without the proper environmental
                                          impact planning in place, several acres of wetlands were filled in,
                                          and erosion and runoff began to affect the pristine Ylig Bay area.
                                          By January of 1990, the US Army Corps of Engineers had ordered
                                          that work on the site cease and desist.


                                                      When the issue had been settled, the Federal Government
                                          had collected $1.3 million in fines from the developers, the
                                          Government of Guam received $250,000 for wetlands programs,
                                          and a complex plan to control erosion and to rebuild the wetlands
                                          was in place. Among the actions taken by the developer was the
                                          reduction of wetland impact from over 90-acres to just 6.85 acres.


                                          28









                               Replacement of any affected wetlands on a 2:1 basis creating two
                               acres for every acre filled.

                                      Aside from the fines, the contractors had to redesign the
                               project and suffer many weeks of down-time which can only be
                               estimated in the million of dollars. Had the issue of wetland
                               mitigation been considered in the initial planning stages, no doubt
                               much money would have been saved by the developer.

                                      A complex model was created to deal with the project site
                               by an environmental contractor hired following the violation. An
                               elaborate system of ponds and ditches control water flowing over
                               the projects hills. Over 60 control ponds collect water at the site.
                               In these ponds, sediment or silt settles to the bottom, clean water
                               is skimmed from the surface by a pipe, and that water then washes
                               down a culvert on the other side of the pond's retaining earthen
                               berm. The pond berms are covered by grasses which help the
                               filtration process. The culverts are then fronted by a gabion, a
                               wire basket filled with rocks that also prevents erosion.

                                      Vegetation is seen as the key to erosion control, and tens
                               of thousands of trees are being transplanted on the site. Silt fences
                               are also used extensively, over 15 miles of these fences cover the
                               property-

                                      The Manengon project is now viewed as a model for other
                               developers, especially golf courses, as an example of
                               environmental protection plans that will work.



















                                                                                                  29











































                                                   IA








                               REED STANDS LIKE THIS     ONE ARE
                               SCATTERED ALL THROUGHOUT THE VILLAGE
                               OF PITI WHICH IS RICH IN WETLAND

                               HABITAT.



                                      Ao










                                                            -Aivw





















                               THESE SEEDS WILL EVENTUALLY SPRING UP TO
                               FORM THE MANGROVE FORESTS THAT PROTECT THE
                               SHORE NEAR APRA HARBOR.











                                                           ..@XNDS .0

                                                                        e,

                                                                                   Chapter Six
                                                                                        Programs & Policies




                                                      Regulatory authority in the area of wetlands falls on the
                                               shoulders of both the federal and local government. The prime
                                               regulatory agency for the federal government is the US Army
                                               Corps of Engineers.       Other Federal regulations for wetlands
                                               include Executive Order 119900, and the Clean Water Act Section
                                               404. Local permits are handled primarily by the Territorial Land
                                               Use Commission/Territorial Seashore Protection Commission, the
                                               Development Review Committee and          the Guam Environmental
                                               Protection Agency.

                                               FEDERAL REGULATIONS
                                                                                      . ... . ..... .

                                                                                               o
                                                                                    'Ae  @goal, f Irfoe !i ving in.:
                                                       1.     The US Army           agreement with: naturi..@."
                                               Corps of Engineers (ACOE)
                                                                                               ZENO: 335-.2638. C
                                               has been regulating activities
                                               in waters throughout the 50
                                               states and the territories since
                                               the 1890's. Until the 1960's the primary purpose was to regulate
                                               navigation. Since then, the program has been broadened to include
                                               the full public interest for both the protection and utilization of
                                               water resources. The regulatory authorities and responsibilities of
                                               the ACOE are based on the following laws: Section 10 of the
                                               Rivers and Harbors act of 1899 (33 U.S.C. 403), Section 404 of
                                               the Clean Water Act (33 U.S.C. 1344), and Section 103 of the
                                               Marine Protection, Research, and Sanctuaries Act of 1972, as
                                               amended (33 U.S. C. 1413). The main ordinance is Section 404 of
                                               the Clean Water Act. All activities in or affecting a wetland on
                                               Guam are required to apply to the ACOE for a permit. Individual
                                               applications are processed in Honolulu. All marine areas and


                                                                                                                   31










             nontidal areas such as rivers fall under this act.


                       The individual applications require much detail and are best
             coordinated at an early stage. There are, however, "nationwide
             permits" which cover smaller projects and require less review.
             These "nationwide permits" were designed with the continental
             United States in mind, and with Guam's small land mass and the
             critical role played by the few acres of wetland, local leaders do
             not feel that Guam should be covered by this short-cut process.
             On June 5, 1990, the GEPA issued a letter to ACOE denying 401
             certification (401 certification will be explained in more detail
             below) for each of 40 proposed nationwide permits. Instead,
             GEPA suggested that each project under a nationwide permit be
             handled under a 404 permit application with their agency.

             A review of ACOE records for the period January 1986 - March
             1991 reveals over 27 violations of wetland regulations, most of
             which did not have permits to begin with. Permits were issued
             after violations were found, and corrected.

             ACOE WETLAND VIOLATIONS
                                1990    . . . . . .   11
                                1989    . . . . . .   4
                                1988    . . . . . .   5
                                1987    . . . . . .   3
                                1986    . . . . . .   2


             Of the 20 permits reviewed by ACOE, 6 individual permits were
             reviewed, one was withdrawn and two were canceled. The
             remainder, or 14 permits were "nationwide permits", of which 5
             were violations. Most permits were requesting to fill a wetland
             area, and five involved areas that supported endangered species.
             The total area that was involved in violations comes to 495,560
             square feet (11. 17 acres).

                      2.        Executive Order No. 119900, Protection of
             Wetlands, signed May 24, 1977 applies to any federal agencies
             that have programs, facilities or plans involving federal wetlands.
             The applicability to Guam concerns the sites located on Military
             Installations specifically 5 sites on naval station. The order does
             not exclusively prohibit new projects, improvements or assistance
             in wetland areas. Instead, new construction is permitted if
             alternative sites are impractical or if such construction includes all
             practical measures to minimize harm to wetlands. Significantly the


             32









                                              agency head proposing such construction is also given discretion
                                              to determine if the project qualifies for development in a wetland.
                                              If the director approves some improvement, it seems unlikely that
                                              he will reverse that decision with the loopholes afforded by this
                                              order. He can also rely on economic, environmental and other
                                              pertinent factors to reach a supportive judgement. The order does
                                              place more responsibility on agencies to share their wetland plans
                                              with the public and conduct a type of short-circuited environmental
                                              impact assessment for all wetland projects. Construction plans for
                                              federal wetland areas must be available for public review. EO
                                              119900 will not significantly protect federal area, but does
                                              officially recognize the unique nature of such natural resources,
                                              although enough loopholes are available for a federal agency
                                              director to proceed with a project without violating the executive
                                              order.


                                              GOVERNMENT OF GUAM REGULATIONS


                                              Federal permits are only one step in the process, however. There
                                              are also local regulations that must be followed.

                                                      1.     The Guam Environmental Protection Agency issues
                                              Water Quality Certificates under the authority of section 401 of the
                                              Clean Water Act. In addition, whenever a wetland permit is
                                              applied for, GEPA requires an Environmental Protection Plan
                                              before construction can begin.         Problems identified in an
                                              Environmental Impact Assessment are addressed here, showing an
                                              evaluation of the environmental controls that will be used to
                                              mitigate any impact. This plan frequently includes an erosion
                                              control plan, siltation ponds, monitoring plans during construction
                                              and perhaps monitoring of water quality even after construction is
                                              finished.


                                                      2.     There is also a requirement for federal consistency
                                              determination from the Guam Coastal Management Program at the
                                              Bureau of Planning.

                                                      3.     Clearance from the Historic Preservation Officer
                                              may also be needed to protect the integrity of cultural and
                                              historical sites.


                                                      4.     Finally, there are a series of land use and building
                                              permits that are needed from bodies such as the Territorial Land
                                              Use Commission, the Territorial Seashore Protection Commission


                                                                                                                 33








           (TLUC/TSPC), the Development Review Committee(DRC), and
           the Department of Public Works.

                  The first local regulation regarding wetlands was signed in
           September of 1978, Executive Order No. 78-21, which authorized
           the Territorial Planning Commission (now TLUC) to designate
           Guam wetlands as Areas of Particular Concern and promulgate
           Wetland Rules and Regulations.

                  Conservation Land Use Districts encompass wetlands as
           well, being one of four land use districts in Guam designated
           through Executive Order 78-23. Conservation Districts protect
           water resources, historic sites, parkland, forests, savannahs,
           beaches, native plants and animals and the prevention of erosion
           and floods. Executive Order 78-20 also indirectly affects Guam's
           wetlands. Since all wetlands inherently qualify as flood prone
           areas, all wetland sites fall within the purview of these regulations
           but are supplemental to the subsequent compliance with the
           Welland Rules and Regulations.

                  Recently, a new Executive Order was        signed to update
           wetland rules and regulations. Executive Order 90-13 was signed
           in June of 1990 and tasked GEPA, Agriculture, and the Bureau of
           Planning, to "complete a study of wetlands; prepare public
           information material; and draft all necessary legislation, rules and
                                                                                                                      H
           regulations, and/or executive orders".

                  In addition Executive Order 90-10 can also be construed as
           another tool in protecting and preserving wetlands. This order,
           signed . in May of 1990 requires an Environmental Impact
           Assessment be submitted with each development application. The
           order institutes a mandatory review period by a special committee,
           the Development Review Committee (DRC), which is a group
           made up of 9 government agencies that have expertise in all areas
           of development impact.

                  Once all local wetland approvals are obtained, one of the
           final steps is the clearing and grading permits which are obtained
           from the Department of Public Works. These permits also require
           the concurrence of GEPA, the utilities, and any other
           governmental bodies that may have an interest in the project.

                  5.     The Department of Agriculture is responsible for
           control and regulation of fish and game. Their legal authority


           34









                                                comes from : Article 1, Chapter 4, Title XII Government Code of
                                                Guam Section 12314; Endangered and Threatened Species Law PL
                                                13-83; and the local responsibility charged in the Federal
                                                Endangered Species Act of 1973.

                                                       Although Agriculture is not a regulatory agency as Public
                                                Works is, GEPA will consult with Agriculture and their division
                                                of Aquatic and Wildlife Resources before any decisions are made
                                                regarding wetland areas.       Biologists at the Department of
                                                Agriculture assess the impact development will have on the
                                                animals and plants in the area, and those indirectly affected by any
                                                proposed development.



                                                Discussion of Recommendations


                                                Any draft regulations regarding wetlands must deal not only with
                                                the screening of applications, but also the impact of any actions
                                                that will affect a wetland. A major part of any discussion of
                                                wetland protection and restoration involves . "mitigation".
                                                Mitigation is sometimes considered an afterthought or add-on after
                                                the planning process. It is important, however, that mitigation
                                                become part of the planning process when dealing with wetlands,
                                                and not something done just to get by the permitting process.

                                                MITIGATION


                                                Mitigation is defined by the Counciton Environmental Quality (40
                                                CFR 1508.20) by a sequential definition -- meaning emphasis is
                                                put on the first level before the second, and so on.

                                                1)     Avoiding the adverse impact (prevention)
                                                2)     Minimizing impact (limit the degree of impact)
                                                3)     Rectifying impact (repair, rehabilitation, restoration.)
                                                4)     Reduce or eliminate impact over time (preservation,
                                                       maintenance)
                                                5)     Compensation (replace or provide substitute resources or
                                                       environment)

                                                Mitigation Strategies include:

                                                1)     Avoidance - The best option is avoidance. It is estimated
                                                       that it will cost almost $75,000 per acre to build a wetland,
                                                       and at that the success of such an endeavor is questionable.


                                                                                                                   35









                   Real wetlands are often the most attractive and natural part
                   of a project and should be kept.

           2)      Restoration - Fixing a degraded wetland in exchange for
                   the loss of a functional wetland is less risky than creating
                   a new one. This can, however, result in overall wetland
                   loss and policyinakers must be aware of this.

           3)      Enhancement - Enhancement is a very subjective
                   determination. Developers selectively enhance wetland for
                   water fowl, for example, but this may hamper that
                   wetland's function as a flood control. Critics say this is
                   not an equitable exchange and this also results in net loss.

           4)      Creation - A final mitigation strategy is creation of a
                   wetland. This is the most controversial, costly and likely
                   to fail option. Man can rarely reproduce nature as well as
                   nature herself. It is hard to say if the soil will be right for
                   a wetland, if the plants will take root, or if animals and
                   birds will make their home there. In addition, these
                   disturbed ecosystems are vulnerable to the invasion of
                   exotic species. But if this is the only option, the simpler
                   the system, the better the chance for success. Salt marshes
                   are probably the easiest to create, forested wetlands, the
                   most difficult.


           Proper mitigation involves early and thorough planning.
           Objectives must be outlined early and an assessment made of the
           wetland values lost and replaced. The location, elevation and
           hydrology as well as a complete description of what is to be
           planted, where and when, must be gone over with authorities.
           Monitoring and maintenance plans must also be discussed as well
           as contingency plans, and there must be some guarantee that the
           work will be performed as planned and approved.

           With the ideas of mitigation in mind, there are several
           recommendations that can be looked at when dealing with the issue
           of wetlands. These are included below.


           RECOMMENDATIONS


           1)      Landfill, dredging, and pollutant discharges should be
           strictly regulated. Non-Point Source (NPS) Pollutants need to be
           studied.   Loss of wetland and riparian zone areas as buffers


           36









                                              between uplands and parent waterbodies allow for more direct
                                              contribution of NPS pollutants to the aquatic ecosystem -- that,
                                              along with other alteration of land features can affect drainage
                                              efficiency. Excessive fresh water, nutrients, sediments, pesticides,
                                              oils, greases, and heavy metals from nearby land use activities
                                              may be discharged through storm events and may seep into the
                                              water column and downstream to coastal waters without benefit of
                                              filtration and attenuation that would normally occur in wetland if
                                              present.

                                              2)      Walkway systems and nature trails should be constructed to
                                              provide both public education and enjoyment as well as access for
                                              scientific investigation.

                                              3)      Certain wetland areas could be considered for cultivation
                                              into taro or rice areas -- growing of food crops is infinitely
                                              preferable to paving or filling.

                                              4)      It is suggested the short-term goal is to achieve "no net
                                              loss" of the remaining wetlands on Guam, defined by acreage and
                                              function.   It is also the long-term goal to restore and create
                                              wetlands, where feasible, to increase the quantity and quality of
                                              wetlands.


                                              5)      The local government should adopt wetlands protection
                                              programs providing a consistent level of protection throughout the
                                              island. A Model legislation for Guam is included in the following
                                              chapter of this book. This legislation is intended to replace the
                                              existing outdated and incomplete wetlands rules and regulations.

                                              6)      The Territorial Planning Council (TPQ is currently in the
                                              midst of putting together a master plan to guide the island through
                                              the 21st century. This goal is perhaps the best example of Guam's
                                              desire to standardize and streamline governmental operations for
                                              more efficient management of our limited resources. In planning
                                              a wetland ordinance, it is important that the rules and regulations
                                              promulgated are in line with a greater master plan.

                                              7)      Education and training is important for the public, farmers,
                                              urban dwellers. Technical courses in simple restoration techniques
                                              should be available for wetlands.


                                              8)      After an analysis of the existing status of wetlands and the
                                              adoption of new laws, rules and regulations, there needs to be a


                                                                                                                  37









            prioritization of wetlands in order to identify those wetlands with
            the most valuable resources and in need of immediate protection
            measures. Government decision makers and the public will need
            to work together to determine a prioritization of our w etland areas.











































           38














                                                                                   %.Nis DS


                                                                                                       7

                                                                                                                Chapter Seven
                                                                                    *Bony$                            Model Legislation for Guam





                                                                                        @'Beauty    will.:not     colme@@  at.  thel 1 1,
                                                                                        legislature,    nor will    ir repeat    in: England or:.,.,-
                                                                                        Anierica,its:history in Greece.          It.will.,com ,e,,@  as-....-
                                                                                        always,    unannounced,     ,:,and:@spring: up: b_ween:,::.::::
                                                                                        thefed of brave and.ea              I
                                                                                                                       rp.gs._@ men             ........


                                                                                                RALPH. WALDO: EMERSON: 1803-1882...'..-.1










                                                                   Bill No.


                                                                                          AN ACT TO ESTABLISH A WETLANDS
                                                                                          ADVISORY COMMITTEE AND TO SET
                                                                                          FORTH PROVISIONS FOR THE
                                                                                          MANAGEMENT AND PROTECTION OF
                                                                                          WETLANDS, AND ESTABLISHING THE
                                                                                          CRITERIA THEREFOR.


                                                                   Section I         . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                   Title
                                                                   Section 2         ...............                       Legislative Findings & Intent
                                                                   Section 3         ..........................                                         Definitions
                                                                   Section 4         ..............                        Wetland Advisory Committee
                                                                   Section 5         ...............                         Cooperation of Departments



                                                                                                                                                                      39










              Section 6      . . . . . . . . . . . . . . . . . . . . . . . .  Effective Date
              Section 7      .............             Land to Which This Act Applies
              Section 8      . . . . . . . . . .  Permit Requirements & Enforcement
              Section 9      ..........          Uses by Right & Special Permit Uses
              Section    10  . . . . . . . . . . .  Standards & Procedures for Special
                                                                                  Use Permit
              Section    11  . . . . . . . . . . . . . . . . .  Nonconforming Activities
              Section    12  . . . . . . . . . . . . . . . . . . . . . . .  Judicial Review
              Section    13  .........................                           Amendments
              Section    14  ......................                      Assessment Relief





              Section 1.                 Title


              This act may be cited as the "Wetlands Protection Act of 1991


              Section 2.                 Ixgislative Findings and Intent.

              2.1       Legislative Findings

              The wetlands of Guam are indispensable and fragile natural
              resources with significant development constraints due to flooding,
              erosion, and soil limitations. In their natural state, wetlands serve
              man and nature. They provide habitat areas for fish, wildlife, and
              vegetation; water-quality maintenance and pollution control; flood
              control; shoreline erosion control; natural resource education;
              scientific study; open space; and recreation opportunities.

              A considerable number of these important natural resources have
              been lost or impaired by draining, dredging, filling, excavating,
              building, pollution and other acts. Piecemeal or cumulative losses
              may, over time, destroy remaining wetlands. Damaging or
              destroying wetlands threatens public safety and the general
              welfare.


              It is therefore necessary for the Government of Guam to ensure
              maximum protection for wetlands by discouraging development
              activities in wetlands and those activities at adjacent upland sites
              that may adversely affect wetlands and to encourage restoration of
              already degraded or destroyed systems.

              2.2       Legislative Intent


              40










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                               THESE   SMALL FIDDLER    CRABS ARE
                               FORAGING FOR FOOD IN THE MANGROVE,
                               THEIR LARGE RED CLAWS  OFTEN USED IN
                               FIGHTS OVER TERRITORY.



                                        ca


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                                                              41
                                                 IV




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                               MANGROVE   FORESTS LINE THE SHORE  OF APRA
                               HARBOR. HIKING A TRAIL THROUGH THESE AREAS
                               IT IS EASY TO SPOT BIRDS AND CRABS.








                                                It is the policy of the Government of Guam to encourage or
                                                require planning to avoid or minimize damage to wetlands
                                                wherever prudent or feasible; to require that activities not
                                                dependent upon a wetland location be located at upland sites; to
                                                allow wetland losses only where all practicable measures have been
                                                applied to reduce those losses that are unavoidable and in the
                                                public interest; to provide for compensation in the form of wetland
                                                restoration or creation to offset further losses; and to provide for
                                                the protection of wetlands under additional laws, rules or
                                                regulations already adopted by the Government of Guam including
                                                all Department of Public Works clearing, grading, building and
                                                other permits; Guam Environmental Protection Agency regulations
                                                including all air and water quality, erosion and sedimentation
                                                control standards; floodplain zoning; and Executive Order 90-13.

                                                Furthermore, such activities must not threaten public safety or
                                                cause nuisances by:

                                                        a)      Blocking flood flows, destroying flood storage
                                                                areas, or destroying storm barriers, thereby raising
                                                                flood heights or velocities on other land and
                                                                increasing flood damages;

                                                        b)      Causing water pollution through any means,
                                                                including location of wastewater disposal systems in
                                                                wet soils; unauthorized application of pesticides,
                                                                herbicides, algacides, or fertilizers; disposal of solid
                                                                wastes or stormwater runoff at inappropriate sites;
                                                                or the creation of unstabilized fills;

                                                        c)      Increasing erosion; or

                                                        d)      Increasing runoff of sediment and stormwater.

                                                In addition, it is the policy of the Government of Guam that
                                                activities in or affecting wetland areas do not destroy natural
                                                wetland functions important to the general welfare by:

                                                        a)      Decreasing breeding, spawning, nesting, feeding, or
                                                                other critical habitat for fish and wildlife, including
                                                                rare, threatened, and endangered plant and animal
                                                                species and commercially and recreationally
                                                                important wildlife;



                                                                                                                       41









                    b)     interfering with the exchange of nutrients needed by
                           fish and other forms of wildlife;

                    C)     Decreasing     groundwater      recharge     including
                           percolation of water to Guam's Northern water
                           lens, the single largest source of drinking water;

                    d)     Destroying sites needed for education and scientific
                           research as outdoor biophysical laboratories, living
                           classrooms, and training areas;

                    e)     Interfering with public rights in waters and the
                           recreation opportunities for hunting, fishing,
                           boating,    hiking,   birdwatching,      photography,
                           sightseeing, and other activities in wetlands; or

                    f)     Destroying aesthetic and property values.





            Section 3.            Definitions


            Words and phrases used in this act shall be interpreted as defined
            below, and where ambiguity exists, words or phrases shall be
            interpreted so as to give this act its most reasonable application in
            carrying out its regulatory purpose.

            "Administrator" shall mean the chairman of the Wetlands Advisory
            Committee.


            "Aquaculture Facility" shall mean a facility for the culture or
            commercial production of aquatic plants and animals for food,
            sales or distribution.


            "Buffer" shall mean a naturally vegetated area or vegetated area
            established or managed to protect wetlands from human
            disturbance.


            "Committee" shall mean the Wetland Advisory Committee as
            outlined in Section 4.


            "Creation" shall mean a human activity bringing a wetland into
            existence at a site in which it did not formerly exist.


            42









                                             "Exotic" shall mean any species of plant or animal that are foreign
                                             to the planning area.

                                             "Functions" shall mean the beneficial roles wetlands serve,
                                             including storage, conveyance, and attenuation of floodwaters and
                                             stormwaters; groundwater recharge and discharge; protection of
                                             water quality and reduction of sediment and erosion; production of
                                             waterfowl, game and nongame birds, mammals, and other living
                                             resources; protection of habitat for rare, threatened, and
                                             endangered species; food chain support for a broad range of
                                             wildlife and fisheries; educational, historical, and archeological
                                             value protection; and scenic, aesthetic, and recreational amenities.

                                             "Fund" shall mean the Wetland Restoration/Enhancement fund
                                             which shall be established as a separate account in which fines and
                                             fees are deposited. Money from that fund shall be used for the
                                             investigation and study of the impacts of permit applications,
                                             suspected violations, and any related activities that can be
                                             construed by this act to contribute toward the restoration or
                                             enhancement of wetland areas on Guam.


                                             "Hydric soil" shall mean soil that is saturated, flooded, or ponded
                                             long enough to develop anaerobic conditions in the upper part.
                                             The presence of hydric soil shall be determined following the
                                             methods described in the "Federal Manual for Identifying and
                                             Delineating Jurisdictional Wetlands".

                                             "Hydrophytic vegetation" shall mean macrophytic plant life
                                             growing in water or on a substrate that is at least periodically
                                             deficient in oxygen as a result of excessive water content.

                                             "In-kind" shall mean the restoration or creation of a wetland with
                                             vegetation and other characteristics closely approximating those of
                                             a specified wetland.

                                             "Off site" shall mean restoration or creation of a wetland at a
                                             location not adjacent to or within 25 feet of a previous, specified
                                             wetland.


                                             "On site" shall mean restoration or creation of a wetland adjacent
                                             to or within 25 feet of a previous specified wetland.

                                             "Out-of-kind" shall mean the restoration or creation of a wetland
                                             with vegetation or other characteristics not resembling those of a


                                                                                                                43









            specified wetland.

            "Practicable alternative" shall mean an alternative to the proposed
            project that would accomplish the basic purpose of the project and
            avoid or have less adverse impact on a wetland.

            "Regulated activity" shall mean an activity with a significant
            impact on wetlands including but not limited to:

                    a)     The removal, excavation, or dredging of soil, sand,
                           gravel, minerals, organic matter, or materials of
                           any kind;

                    b)     The changing of existing drainage characteristics,
                           sedimentation patters, flow patterns, or flood
                           retention characteristics;

                    C)     The disturbance of the wetland water level or water
                           table by drainage, impoundment, or other means;

                    d)     The dumping or discharging of material, or the
                           filling of a wetland with material.

                    e)     The placing of fill or the grading or removal of
                           material that would alter existing topography.

                    f)     The driving of piles, placement of obstructions, and
                           erection or repair of buildings or structures of any
                           kind;

                    g)     The destruction or removal of plant life that would
                           alter the character of a wetland and;

                    h)     The conduct of an activity that results in significant
                           change of water temperature, a significant change of
                           physical or chemical characteristics or wetland
                           water sources, or the introduction of pollutants.

            "Restoration" shall mean a human activity that returns a wetland
            or former wetland from a disturbed or altered condition with lesser
            acreage or functions to a previous condition with greater wetland
            acreage or functions.

            "Wetland" shall mean an area that is inundated or saturated by


            44









                                              surface water or groundwater at a frequency and duration sufficient
                                              to support, and that under normal circumstances does support, a
                                              prevalence of vegetation typically adapted for life in saturated soil
                                              conditions, commonly known as hydrophytic vegetation. Wetlands
                                              generally include swamps, marshes, mangroves, natural ponds,
                                              surface springs, estuaries, and similar such areas.

                                              "Wetland buffer" shall mean an area that surrounds and protects
                                              a wetland from adverse impacts to the functions and values of a
                                              regulated wetland.

                                              Section 4.             Wetland Advisory Cormmittee

                                              4.1     Wetland Advisory Committee

                                              There is hereby created within the Government of Guam, a
                                              Wetland Advisory Committee.

                                              4.2     Administration


                                              4.2 (a)        Composition and Powers

                                              Said commission shall be composed of three (3) voting members:

                                                      1)     The Administrator of the Guam Environmental
                                                             Protection Agency
                                                      2)     The Director of the Department of Agriculture
                                                      3)     The Director of the Bureau of Planning

                                              The Chief Field Officer for the Guam office of the US Army
                                              Corps of Engineers shall serve in an advisory capacity as an ex-
                                              officio member.


                                              All actions of the Wetland Advisory Committee shall only take
                                              effect through unanimous decision by all three members or their
                                              duly appointed representatives.

                                              4.2 (b)        Administrator

                                              The Administrator of the Guam Environmental Protection Agency
                                              shall serve as the Administrator of the Wetland Advisory
                                              Committee.


                                              4.3     Duties and Responsibilities


                                                                                                                  45









           The Wetland Advisory Committee shall convene at such times as
           necessary to carry out the mandates of this act and shall have the
           following dutie's and responsibilities:

                   a)     To Coordinate and or take action for the approval
                          of plans and projects that in any way affect a
                          wetland area within the Territory of Guam and for
                          that purpose shall have all powers, duties, and
                          responsibilities outlined in this act.

                   b)     To adopt all necessary rules and regulations in
                          accordance with the Administrative Adjudication
                          Law and to exercise all other powers necessary and
                          proper for the discharge of its responsibility.

                   b)     Report to the Governor and Legislature of its annual
                          progress and fiscal year activities and keep the
                          general public informed on all major wetland
                          decisions.


           All authority vested in the Wetland Advisory Committee or
           Administrator by virtue of this Act may with like force and effect
           be exercised'by such employees of -the Guam Environmental
           Protection Agency, the Department of Agriculture, and the Bureau
           of Planning as the Committee or Administrator may from time to
           time designate for the purpose of carrying out this act.

           4.4     Place of Meeting

           The Administrator of the Guam Environmental Protection Agency
           shall provide suitable quarters for meetings of the Wetland
           Advisory Committee and for the transaction of other business.

           4.5     Compensation

           Committee Members shall serve without compensation.

           4.6     Conflict of Interest


           No member of the Wetland Advisory Committee or his/her
           designate shall participate in any official capacity whatsoever in
           any decision to be rendered by the Committee in which he/she has
           any direct or indirect financial interest.



           46,









                                                This prohibition shall not apply, however, if the person concerned
                                                advises the Committee in advance of the nature and circumstances
                                                thereof, including full public disclosure of the facts which may
                                                potentially give rise to a violation of this act, and obtains from the
                                                Wetland Advisory Committee a written determination that the
                                                contemplated action will not adversely affect the integrity of the
                                                Committee. Any such determination shall require concurrence of
                                                two members. In the event the conflict involves more than one
                                                member of the Committee, the Governor shall make a
                                                determination and appoint such members to the Committee to
                                                temporarily serve during the review of the project in question.

                                                Any person who violates any provision of this section shall, upon
                                                conviction, and for each such offense, be subject to a fine of not
                                                more than Ten Thousand Dollars ($10,000) or imprisonment for
                                                not more than two (2) years, or both.

                                                Section 5.            Cooperation of Departments

                                                Each agency, department, office, commission, or part of the
                                                Government of Guam is authorized and instructed to render
                                                assistance, information, and cooperation to the Wetland Advisory
                                                Committee as is necessary for it to perform its duties as provided
                                                in this act.


                                                Section 6.            Effective Date


                                                The Wetlands Protection Act of 1991 shall go into effect 30 days
                                                following its enactment.

                                                Section 7.             Lands to Which This Act Applies

                                                7.1    Official Wetland Areas


                                                This act shall apply to all lands in or within 25 feet of a wetland
                                                located within the jurisdiction of the Government of Guam. Areas
                                                shown on the 1983 National Wetlands Inventory of Guam and
                                                adopted as the Official Wetlands Map through Executive Order 90-
                                                13 and hereafter referred to as the "Official Wetlands Map" as
                                                being a wetland area are presumed to be wetlands consistent with
                                                the definition thereof.    Wetlands not shown on this map are
                                                presumed to exist in Guam and are hereby designated to be
                                                protected under all of the terms and provisions of this act. The
                                                Official Wetlands Map shows only the general location of wetlands


                                                                                                                    47









            and should be consulted by persons contemplating activities in or
            near wetlands before engaging in a regulated activity. The Official
            Wetlands Map, together with all explanatory matter thereon and
            attached thereto, is hereby adopted by reference and declared to be
            a part of this act. The Official Wetlands Map shall be on file at
            the Bureau of Planning.

            7.2    Rules for Interpretation of Wetland Boundaries

            The boundaries of the wetland areas shall ordinarily be determined
            by the applicant through the performance of a field survey
            applying the wetland definition. The Official Wetlands Map is to
            be used as a guide to the general location of wetlands. The
            applicant is required under Section 10.2 of this act to show a
            Wetland boundary on a scaled drawing submitted as part of the
            permit application. Wetland delineations shall be performed in
            accordance with the procedures specified in the Federal Manual
            for Identifying and Delineating Jurisdictional Wetlands and any
            subsequent amendments thereto. Evidence documenting the results
            of the boundary survey may be required by the Wetlands
            Advisory.

            The Government of Guam, when requested by the applicant, may
            waive the delineation and, in lieu of direct action by the applicant,
            perform the delineation. The Wetland Advisory Committee may
            use remote sensing, hydrology, soils, plant species, and other data,
            and consult with biologists, hydrologists, soil scientists, or other
            experts as needed to perform the delineation. The applicant may
            be charged for costs incurred in accordance with the provisions of
            Section 10.2 of this act.


            Where the Government of Guam performs a Wetland
            determination at the request of the applicant, it shall be considered
            a final determination.


            Where the applicant has provided a determination of the wetland
            boundary, the Government of Guam through the Wetland Advisory
            Committee shall verify the accuracy of, and may render
            adjustments to, the boundary delineation. In the event the adjusted
            boundary delineation is contested by the applicant, the Government
            of Guam may attempt to set mutually agreeable boundaries; or,
            when such an attempt is unsuccessful, shall, at the applicant's
            expense, obtain competent services to render a final delineation.



            48









                                             Section 8.            Permit Requirements, Enforcement

                                             8.1    Permit Requirements, Compliance

                                             No regulated activity in or within 25 feet of a wetland may be
                                             conducted without a permit from the Wetland Administrator and
                                             full compliance with the terms of this act and other applicable
                                             regulations. All activities that are not permitted as of right or as
                                             special permit uses shall be prohibited.

                                             8.2    Temporary Emergency Permit

                                             Notwithstanding the provisions of this act or any other act to the
                                             contrary, the Wetlands Advisory Committee may issue a temporary
                                             wetlands permit through oral or written authorization, provided a
                                             written permit is accomplished within five days, if it deems that an
                                             unacceptable threat to life or severe loss of property will occur if
                                             an emergency permit is not granted. The emergency permit may
                                             be terminated at any time without process upon a determination by
                                             the Wetlands Advisory Committee that the action was not or is no
                                             longer necessary to protect human health or the environment. The
                                             Wetland Advisory Committee may, within 90 days of the
                                             emergency permit, require that the action be reconsidered as an
                                             after-the-fact permit, subject to any or all of the terms and
                                             provisions of this act.

                                             8.3    Enforcement


                                             8.3 (a)        Authority to enforce

                                             The Wetlands Advisory Committee, its agents, officers, and
                                             employees, shall have authority to enter upon privately owned land
                                             for the purpose of performing these duties under this act and may
                                             take or cause to be made such examinations, surveys, or sampling
                                             as the Wetland Advisory Committee deems necessary.

                                             The Wetland Advisory Committee shall have the power to initiate
                                             and conduct an examination of any case in which there is reason
                                             to believe that a wetland violation has been committed.


                                             The Wetland Advisory Committee shall have authority to enforce
                                             this act; a permit issued thereto; and a violation or threatened
                                             violation thereof by violation notices, administrative orders,
                                             injunctive action as well as civil and criminal actions. All costs,


                                                                                                                49









            fees, and expenses in connection with such actions may be
            recovered as manages against the violator.

            Law enforcement officials, village mayors, or other officials
            having police powers shall have authority to assist the Wetlands
            Advisory Committee in enforcement.

            8.3 (b)         Cease and Desist Order

            The Wetland Advisory Committee may serve a cease and desist
            order if an activity being undertaken on regulated wetlands is in
            violation of this act. The order shall set forth and contain:
                     1)     A description of the specific nature, extent and time
                            of the violation, damage, or potential damage; and

                     2)     A notice that the violation and/or potential violation
                            cease and desist or in appropriate cases, the specific
                            corrective action to be taken within a given time.
                            A civil penalty may be issued with that order.

                     3)     The cease and desist order issued under this section
                            shall become effective immediately upon receipt by
                            the person to whom the order is directed.

                     4)     Failure to comply with the terms of the cease and
                            desist order can result in enforcement action
                            including, but not limited to, the issuance of a civil
                            penalty.

            8.3 (c)         Fines and Penalties

            Any person who commits, takes part in, or assists in any violation
            of any provision of this act is guilty of a misdemeanor and may be
            fined not more than $20,000 for each offense. Each violation of
            this act shall be a separate offense, and, in the case of a continuing
            violation, each day's continuance shall be deemed a separate and
            distinct offense.


            In addition to any ot *her penalties, any person who performs any
            development in violation of this act shall be subject to a civil fine
            not to exceed Five Hundred Dollars ($500) per day for each day
            in which such violation persists.

            In the event of a violation, the Wetlands Advisory Committee shall


            50









                                             have the power to order wetland restoration and creation measures
                                             for the damaged or destroyed wetland area by the person or agent
                                             responsible for the violation. If the responsible person or agent
                                             does not complete such measures within a reasonable time
                                             following the order, the Government of Guam may restore the
                                             affected wetland to its prior condition and create or restore other
                                             wetlands for the purpose of offsetting losses sustained as a result
                                             of the violation. The person or agent responsible for the original
                                             violation shall be liable to the Government of Guam for the cost
                                             of such actions.


                                             All funds collected under the authorization of this act shall be
                                             deposited in the Wetland Fund as described in this act.

                                             To guide restoration and creation actions, the Wetlands Advisory
                                             Committee shall have the power to order the violator to develop a
                                             plan of action as described in Section 10.5 (b) of this act.

                                             8.4     Abrogation and Greater Restrictions

                                             It is not intended that this act repeal, abrogate, or impair any
                                             existing regulations, local or federal, easements, covenants, or
                                             deed restrictions.    However, where this act imposes greater
                                             restrictions, the provisions of this act shall prevail.

                                             8.5     Interpretation

                                             The provisions of this act shall be held to be minimum
                                             requirements in their interpretation and application and shall be
                                             liberally construed to serve the purposes of this act.

                                             Section 9.             Uses by Right and Special Permit Uses in
                                             a Wetland Area


                                             9.1     Uses by Right

                                             The following uses shall be allowed as a right within a wetland
                                             area to the extent that they are not prohibited by any other act or
                                             act and provided they do not require structures, grading, fill,
                                             draining, or dredging except as provided herein or authorized by
                                             special permit:

                                                     a)     Conservation or preservation of soil, water,
                                                            vegetation, fish, shellfish, and other wildlife.


                                                                                                                51









                    b)      Outdoor recreational activities, including hunting,
                            fishing,    birdwatching,     hiking,    boating     and
                            swimming;

                    C)      The harvesting of wild crops, such as taro or seeds
                            in such a manner that is not injurious to natural
                            reproduction of such crops and provided the
                            harvesting does not require alteration of the wetland
                            by changing existing wetland water conditions or
                            sources, tilling of soil, or planting of crops;

                    d)      Forestry practices limited to the thinning and
                            harvesting of native timber in accordance with a
                            forest management plan that incorporates best
                            management practices approved by the Forestry
                            Division of the Department of Agriculture pursuant
                            to existing regulations and guidelines.

                    e)      The continued cultivation of agricultural crops,
                            provided no wetlands are subject to cultivation
                            where no such use existed five years prior to the
                            effective date of application;

                    f)      Any aquaculture facilities existing at the time of
                            passage of this act;

                    g)      The occasional pasturing of livestock;

                    h)      Commercial fishing and shellfishing in compliance
                            with the rules and regulations of the Department of
                            Agriculture; and

                    i)      Education, scientific research and nature trails as
                            approved by the Committee;

                    j)      Uses by right that do not require a special permit
                            and that may involve filling, flooding, draining,
                            dredging, ditching, or excavating to the extent
                            specifically provided below:

                            1)      Maintenance or repair of lawfully located
                                    roads, bridges or structures and of facilities
                                    used in the service of the public to provide
                                    transportation,    power,      water,     sewer,


            52









                                                                            telephone, telegraph, telecommunication, or
                                                                            other services provided that such roads,
                                                                            structures, or facilities are not materially
                                                                            changed, or enlarged and written notice prior
                                                                            to the commencernent of work has been
                                                                            given to the Wetland Advisory Committee
                                                                            and provided that the work is conducted
                                                                            using best management practices to ensure
                                                                            that flow and circulation patterns, and
                                                                            chemical and biological characteristics of the
                                                                            wetland, are not impaired and that any
                                                                            adverse effect on the aquatic environment
                                                                            will be minimized;

                                                                   2)       Temporary        water-level       stabil  ization
                                                                            measures      associated    with      silvicultural
                                                                            operations, provided a complete reversion to
                                                                            previous      hydrological      conditions        is
                                                                            accomplished subsequent to completed
                                                                            operations;

                                                                   3)       Limited       ditching,     tiling,     dredging,
                                                                            excavating, or filling done solely for the
                                                                            purpose of maintaining or repairing existing
                                                                            drainage      systems    necessary      for     the
                                                                            cultivation of agricultural crops, provided
                                                                            that the maintenance or repair activity does
                                                                            not result in the impairment, alteration, or
                                                                            loss of wetlands not previously subject to
                                                                            agricultural use under the terms and
                                                                            provisions of Section 9.1 (e);

                                                                   4)       Limited excavating and filling necessary for
                                                                            the repair and maintenance of piers,
                                                                            walkways, observation decks,               wildlife
                                                                            management shelters, boathouses, and other
                                                                            similar water-related structures, provided
                                                                            that they are built on pilings to allow
                                                                            unobstructed flow of water and preserve the
                                                                            natural contour of the wetland, except as
                                                                            authorized by special permit.





                                                                                                                             53









            9.2     Special Permit Uses

            Regulated activities other than those specified in Section 9.1 may
            not be conducted except upon application to the Wetlands Advisory
            Committee and issuance of a special permit.

            9.3    Buffer area permitted uses

            In the event a buffer area is specified in a permit issued under this
            act, permitted uses for that buffer area are limited to those
            activities having minimal adverse impact on buffers and no impact
            on regulated wetlands.

            Section 10.            Standards and Procedures for Special Use
            Permits


            10.1 Special Permits

            Application for a special permit to conduct a regulated activity
            shall be made in triplicate to the Wetland Advisory Committee on
            forms furnished at the Bureau of Planning and the Guam
            Environmental Protection Agency. Permits shall ordinarily be valid
            for a period of two (2) years from the date of issue and shall
            expire at the end of that time unless a longer period is specified by
            the Wetland Advisory Committee upon issuance of the permit. An
            extension of an original permit may be granted upon written
            request to the Wetland Advisory Council by the original permit
            holder or the successor in title. The Wetland Administrator may
            require additional hearings if, in its judgement, the original intent
            of the permit is altered or extended by the renewal or if the
            applicant failed to abide by the terms of the original permit. The
            request for renewal of a permit shall follow the same form and
            procedure as the original application except that the Wetlands
            Administrator shall have the option of not holding a hearing if the
            original intent of the permit is not altered or extended in any
            significant way.

            10.2 Permit Applications

            Any person intending to apply for a Wetlands Special Use Permit
            is strongly encouraged but not required to meet with the Wetland
            Advisory Committee during the earliest possible stages of project
            planning in order to discuss wetland impact, avoidance,
            minimization and compensation before large commitments have


            54









                                              been made to a particular project design.           Efforts put into
                                              preapplication consultations will help applicants create projects
                                              which will be more quickly and easily processed.

                                              Unless the Wetland Advisory Committee waives one or more of
                                              the following information requirements, applications for a special
                                              permit for a regulated activity shall be submitted to the Wetland
                                              Advisory Committee via the Guam Environmental Protection
                                              Agency including:

                                                     a)      Name and address of the owner(s) of record and of
                                                             the developer;

                                                     b)      The exact length and bearing of the exterior
                                                             boundaries of the project which data shall be
                                                             referred to the "Guam Geodetic Triangulation
                                                             Control Network" or such alternative systems of
                                                             triangulation control as the Territorial Surveyor may
                                                             direct;

                                                     C)      The purpose(s) of the project and an explanation of
                                                             why the proposed activity requires a wetland
                                                             location or access to wetlands, or cannot be located
                                                             at other sites as described in section 10.4 (b) of this
                                                             chapter;

                                                     d)      A site plan drawn to scale showing the Wetland
                                                             Area Boundary and the wetland boundary as
                                                             determined by field survey; the width, depth, and
                                                             length of all existing and proposed structures,
                                                             roads, watercourses, and drainageways; water,
                                                             wastewater, and stormwater facilities; utility
                                                             installations within 200 feet of a wetland; all known
                                                             easements and reservations; and the relationship of
                                                             the proposed activity and any potentially affected
                                                             wetland to the entire parcel of land owned by the
                                                             applicant;

                                                     e)      A description of the wetland or wetlands that will
                                                             be affected by the regulated activity, including a
                                                             sketch plan at the scale of 1":400' for the entire
                                                             wetland showing date, name of the person preparing
                                                             the map, and north arrow; the area that may be
                                                             filled or impacted; vegetation type; wetland water


                                                                                                                   55









                             sources; and a general characterization of the
                             habitat, wildlife, and common plants;

                     f)      Soil types on the site and the exact locations and
                             specification for all purposed draining, filling,
                             grading, dredging, and vegetation removal,
                             including the amounts and methods;

                     g)      A key map locating the project in relation to
                             surrounding areas and description of adjacent land
                             use;


                     h)      Elevations of the site and the adjacent lands within
                             200 feet of the site at contour intervals of no greater
                             than two feet;

                     i)      A discussion of any and all direct and indirect
                             consequences that may result from the action, any
                             adverse effects that can be avoided;

                     j)      A discussion of mitigating measures to ameliorate
                             impacts; and

                     k)      Areas intended to be reserved for public use.

             The Wetlands Advisory Committee may require additional
             information, including, but not limited to, documentation and
             evidence of a wetland boundary determination by field survey; an
             assessment of wetland functional characteristics; documentation of
             the ecological, aesthetic, economic, social, cultural or other values
             of a wetland; a study of flood, erosion, or other hazards at the
             site; evidence of any protective measures that might be taken to
             reduce such hazards; demonstration that sufficient funding is
             available for the project; and any other information deemed
             necessary to verify compliance with the provisions of this act or to
             evaluate the proposed use in terms of the purposes of this act.

             Any person who wants to know whether a proposed activity or an
             area is subject to this act may request in writing a determination
             from the Wetland Advisory Committee.             Such a request for
             determination shall contain plans, data, and other information as
             may be specified by the Wetland Advisory Committee.




             56









                                            At the time of an application or request for determination, the
                                            applicant shall pay a filing fee specified by the Wetland Advisory
                                            Committee. Filing fees of up to a maximum of $1,000 may be
                                            required to evaluate the application or request for determination.
                                            All fees will be deposited into the Wetland Fund and may be used
                                            to retain expert consultants who will provide services pertaining to
                                            wetland boundary determinations, functional assessment, and
                                            mitigation measures, as deemed necessary by the Wetland
                                            Advisory Committee. The Wetland Advisory Committee may
                                            assess additional reasonable fees as needed to monitor and evaluate
                                            permit compliance and mitigation measures.

                                            An application shall not be deemed formally submitted until and
                                            unless all information necessary to evaluate the proposed activity,
                                            it impacts, and its compliance with the provisions of this chapter
                                            have been provided to the satisfaction of the Wetland Advisory
                                            Committee.


                                            Upon receipt of the completed application, the Wetland Advisory
                                            Committee shall notify the individuals and agencies, including
                                            local and federal agencies, having jurisdiction over or an interest
                                            in the matter to provide such individuals and agencies an
                                            opportunity to comment as provided in section 10.4 (d) below.

                                            The Wetland Advisory Committee shall establish a mailing list of
                                            all interested persons and agencies who wish to be notified of such
                                            applications.

                                            10.3 Public Hearing and Recommendations

                                            No later than 45 days after receipt of the permit application and
                                            after at least 10 days advance notice that the application has been
                                            published in one newspaper having general circulation in the area,
                                            the Wetland Administrator shall hold a public hearing on the
                                            application unless the Wetland Advisory Committee finds that the
                                            activity is so minor as to not affect the wetland and the Wetland
                                            Administrator concurs.


                                            All hearings shall be open to the public. A record of the hearing
                                            shall be made. The Wetland Advisory Committee shall then
                                            review all recommendations made at the hearing during the final
                                            decision making process on the application.

                                            Any person may present evidence and testimony at the hearing.


                                                                                                               57









             At the hearing, the applicant shall have the burden of
             demonstrating that the proposed activity will be in accordance with
             the purposes of this act and the standards set forth below.

             10.4    Standards for Special Permits

             10. 4 (a)              Wetland Administrator

             The Wetland Administrator, after according consideration to the
             comments of the general public, other affected landowners,
             Government of Guam and federal agencies with jurisdiction over
             the area in question, shall issue a wetland permit only if it is found
             that the regulated activity is determined to be in the public interest
             in accordance with Section 10.4 (c) below and that the applicant
             has demonstrated by a preponderance of the evidence that the
             regulated activity:

                     1)     Is water-dependent or requires access to the wetland
                            as a central element of its basic function, or is not
                            water-dependent but has no practicable alternative.

                     2)     Will result in minimum feasible alteration or
                            impairment       to   the    wetland's       functional
                            characteristics and its existing contour, vegetation,
                            fish and wildlife resources, and hydrological
                            conditions;

                     3)     Will not jeopardize the continued existence of
                            species that appear on federal or local endangered,
                            threatened, rare, sensitive, or monitored species
                            lists;

                     4)     Will    not    cause   significant degradation        of
                            groundwater or surface-water quality;

                     5)     Complies with all applicable local and federal laws,
                            including those related to sediment control,
                            pollution control, floodplain zoning, and on-site
                            wastewater disposal;

                     6)     Will provide a wetland buffer area of between 25
                            and 200 feet between the wetland and upland
                            activities for those portions of a regulated activity
                            that need not be conducted in the wetland as



             58









                                                                determined appropriate; and

                                                        7)      Will not damage nearby public or private property
                                                                and is no threat to the health or safety of people on
                                                                or off the property;

                                                        8)      That the inability to derive reasonable economic use
                                                                of that property is not the result of actions by the
                                                                applicant in segregating or dividing the property and
                                                                creating the undevelopable condition after the
                                                                effective date of this chapter;

                                                        9)      Complies with other standards contained in this act,
                                                                including those pertaining to wetland creation and
                                                                restoration as required.

                                                10. 4 (b)       Practicable Alternative Test

                                                For all permit applications, an alternative site for the proposed
                                                activity shall be considered practicable if it is available and the
                                                proposed activity can be carried out on that site after taking into
                                                consideration costs, existing technology, infrastructure, and
                                                logistics, in light of overall project purposes.

                                                There is no practicable alternative if the applicant demonstrates all
                                                of the following to the satisfaction of the Wetlands Administrator:

                                                        1)      The basic purpose of the project cannot reasonably
                                                                be accomplished using one or more other sites in
                                                                the general region that would avoid or result in less
                                                                adverse impact on a wetland;

                                                        2)      The basic purpose of the project cannot be
                                                                accomplished by a reduction in the size, scope,
                                                                configuration, or density of the project as proposed
                                                                or by changing the design of the project in a way
                                                                that would avoid or result in fewer adverse effects
                                                                on the wetland; and

                                                        3)      In cases where the applicant has rejected
                                                                alternatives to the project as proposed due to
                                                                constraints     such     as    inadequate        zoning,
                                                                infrastructure, or parcel size, the applicant has
                                                                made     reasonable     attempts     to   remove       or


                                                                                                                       59











                            accommodate such constraints.


             10. 4 (c)             Public Interest Test

             In determining whether a proposed regulated activity in any
             wetland is in the public interest, the Wetland Administrator shall
             consider the following:

                    1)      The extent of the public need for the proposed
                            activity;

                    2)      The extent and permanence of the beneficial or
                            detrimental effects that the proposed regulated
                            activity may have on the public and private uses for
                            which the property is suited;

                    3)      The quality of the wetland that may be affected and
                            the amount of wetland to be disturbed;

                    4)      The economic value of the proposed regulated
                            activity to the general area; and

                    5)      The ecological value of the wetland and probable
                            impact on public health and safety, fish, plants, and
                            wildlife.


             10. 4 (d)      Government Concurrence

             In determining whether a proposed regulated activity satisfies the
             concerns of all Government of Guam and federal agencies having
             jurisdiction over or interest in the matter, the Wetland
             Administrator shall solicit input from agencies including the
             Department of Land Management, the Department of Parks and
             Recreation, the Department of Public Works, and other agencies
             as appropriate before a final decision is rendered.

             10.5   Acting on the Application

             10. 5 (a)             Special Use Permit Conditions

             The Wetlands Administrator may attach such conditions to the
             granting of a special use permit as deemed necessary to carry out
             the purpose of this act. Such conditions may include but are not
             limited to:



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                                                    1)      Limitations on minimum lot size for any regulated
                                                            activity;

                                                    2)      Requirements that structures be elevated on piles
                                                            and otherwise protected against natural hazards;

                                                    3)      Modification of waste disposal and water supply
                                                            facilities;

                                                    4)      Imposition of operational control, sureties, and deed
                                                            restrictions concerning future use and subdivision of
                                                            lands, such as flood warnings, preservation of
                                                            undeveloped areas in open space use, and limitation
                                                            of vegetation removal;

                                                    5)      Dedication of easements to protect wetlands;

                                                    6)      Establishment of vegetated buffer zones separating
                                                            and protecting the wetland from proposed activities
                                                            with permitted uses for buffer area being outlined in
                                                            section 9.3 of this act;

                                                    7)      Erosion control and stormwater management
                                                            measures;


                                                    8)      Setbacks for structures and restrictions on fill,
                                                            deposit of soil, and other activities in the wetland;

                                                    9)      Modification in project design to ensure continued
                                                            water supply to the wetland and circulation of
                                                            water;

                                                    10)     Creation or restoration of an area of wetland; and

                                                    11)     Development of a plan to guide actions involving
                                                            the creation of a new wetland or the restoration of
                                                            a damaged or degraded wetland.

                                             The Wetland Advisory Committee may require a performance
                                             bond or undertaking in the amount of One Hundred Ten Percent
                                             (110%) of the infrastructure costs of the project, and not less than
                                             Five Thousand Dollars ($5,000) and with surety and conditions
                                             sufficient to secure compliance with the conditions and limitations
                                             set forth in the permit. The particular amount and the conditions


                                                                                                                61









             of the bond shall be consistent with the purposes of this act. In the
             event of a breach of any condition of any such bond, the Wetland
             Advisory Committee may instruct the forfeiture of any portion
             thereof for failure to comply with any applicable wetland, water
             quality, or zoning application regulation except as allowed under
             a variance or other legal exceptions from such requirements; or as
             is required to complete the site preparation and infrastructure
             features or restoration of the project should these not be completed
             by the developer. The Wetland Advisory Committee may also
             institute an action in the Superior Court of Guam upon such bond
             and prosecute the same to judgement and execution.

             The Wetland Advisory Committee shall release the bond upon
             determining that all activities including but not limited to
             mitigation, conditions, or performance standards established for
             evaluating the effect and success of the project and requirements
             of this chapter, are met.


             10. 5 (b)              Wetland Restoration and Creation

             As a condition of a permit issued or as an enforcement action
             under this act, the Wetland Advisory Committee may require that
             the applicant engage in the restoration or creation of wetlands in
             order to offset, in whole or in part, the losses resulting from an
             applicant or violator's actions including cessation of a project
             within a prescribed time period, if any, indicated on the approved
             permit. In making a determination of whether such a requirement
             will be imposed, and, if so, the degree to which it would be
             required, the Wetland Advisory Committee will consider the
             following:

                     1)     The long- and short-term effects of the action upon
                            the wetland and associated aquatic ecosystem, and
                            the reversible or irreversible nature of the
                            impairment or loss;

                    2)      The type and benefit of the wetland functions and
                            associated resources lost;

                    3)      The type, size, and location of the wetland altered,
                            and the effect it may have upon the remaining
                            system or watershed of which the wetland is a part;



             62









                                                     4)      Observed or predicted trends with regard to the
                                                             gains or losses of this type of wetland in the
                                                             watershed, in light of natural and human processes;

                                                     5)      The cost and likely success of the possible
                                                             compensation measures in relation to the magnitude
                                                             of the proposed project or violation; and

                                                     6)      The degree to which the applicant has demonstrated
                                                             a good-faith effort to incorporate measures to
                                                             minimize and avoid wetland impacts within the
                                                             proposed project.

                                             The applicant or violator may prepare or be required by the
                                             Wetland Advisory Committee to develop a wetland restoration or
                                             creation plan for review and approval of the Wetland Advisory
                                             Board.    The creation or restoration of wetlands shall not be an
                                             alternative to the standards set forth in Section 10.4 (a) but shall
                                             be used only to compensate for unavoidable losses.

                                             The plan should state the location, by metes and bounds
                                             description, of the proposed site; ownership; size, type and
                                             complete ecological assessment (flora, fauna, hydrology, wetland
                                             functions, etc.) of the wetland being restored or the area where a
                                             new wetland will be created; and the natural suitability of the
                                             proposed site for establishing the replacement wetland (i.e. , water
                                             source and drainage patterns, topographic position, wildlife habitat
                                             opportunities, value of the existing area to be converted, etc.). In
                                             addition, plane view and cross-sectional, scaled drawings;
                                             topographic survey data, including slope percentage and final grade
                                             elevations; and other technical information are required in
                                             sufficient detail to explain, illustrate, and provide for:

                                                     1)      Soil   and    substrate    conditions;     topographic
                                                             elevations; grading and excavation; erosion and
                                                             sediment control needed for wetland construction
                                                             and long-term survival;

                                                     2)      Planting plans specifying plant species types,
                                                             quantities, locations, size, spacing, or density;
                                                             source of plant materials, propagules, or seeds;
                                                             timing, season, water, and nutrient requirements for
                                                             planting; and, where appropriate, measures to
                                                             protect plants from predation;


                                                                                                                  63









                      3)     Water-quality parameters, water source, water
                             depths, water-control structures, and water-level
                             maintenance practices needed to achieve the
                             necessary     ambient     water     conditions     and
                             hydrocycle/hydroperiod characteristics;

                      4)     Mid-course corrections and a three-year monitoring
                             and replacement plan establishing responsibility for
                             removal of exotic and nuisance vegetation and
                             permanent establishment of the wetland system and
                             all its component parts; and

                      5)     A demonstration of fiscal, administrative, and
                             technical competence of sufficient standing to
                             successfully execute the overall project.

              10. 5 (c)              Wetland      Restoration     and      Creation
              Alternatives


              Ordinarily, the applicant or violator shall undertake restoration or
              creation efforts on or adjacent to the site where permanent losses
              have been sustained or where restoration of a former wetland is
              possible. Replication "in-kind" of the impacted wetland will be the
              preferred alternative for creation or restoration efforts. Where the
              applicant has demonstrated to the satisfaction of the Wetlands
              Administrator that this approach is infeasible due to technical
              constraints, such as parcel or wetland size or wetland type, or that
              a wetland of a different type or location is strongly justified based
              on regional needs or the functional value of the impacted wetland,
              the Welland Administrator may accept or recommend an
              alternative proposal.     Such proposal may involve monetary
              compensation as provided for in this section or the creation or
              restoration "out of kind" and "off site".


              The Wetland Advisory Committee shall set reasonable fees for
              compensation of wetland losses based upon the amount that would
              be required to perform on-site, in-kind restoration or creation.
              Where the Wetland Administrator determines that the public
              interest is better served, the Wetland Administrator may require a
              fee in lieu of direct action on behalf of the applicant or violator to
              initiate restoration or creation projects. Such fees shall be held in
              escrow for the express use of wetland creation and restoration
              projects and shall not be commingled with any other funds.



              64









                                            10. 5 (d)             Suspension, Revocation

                                            The Wetland Advisory Committee may suspend or revoke a permit
                                            if it finds that the applicant has not complied with the conditions
                                            or limitations set forth in the permit or has exceeded the scope of
                                            the work set forth in the permit.         The Wetland Advisory
                                            Committee shall cause notice of its denial, issuance, conditional
                                            issuance, revocation, or suspension of a permit to be published in
                                            a daily newspaper of general circulation.

                                            10. 5 (e)             Final Approval

                                            The Wetland Advisory Committee shall have 90 calendar days
                                            from the formal submission of an application for special use permit
                                            to take action or provide written justification to the applicant why
                                            action has not been taken. In the event more time is needed, the
                                            Wetland Advisory Committee may take up to an additional 90
                                            days. If a decision must be made within that time and there is
                                            insufficient information or time to process the application, a denial
                                            will be issued.


                                            The Wetland Advisory Committee shall either approve, approve
                                            with conditions, or disapprove in whole or in part the proposed
                                            tentative project or activity. Upon receipt -of approval by the
                                            Committee for a special use permit in a wetland area, the applicant
                                            should apply for other permits as may be required by both the
                                            local and federal government.

                                            Any person including an applicant for a permit, aggrieved by the
                                            decision or action of the Wetland Advisory Committee, shall have
                                            the right to judicial review of such a decision as outlined in
                                            Section 12 below.


                                            10.5(f)        Modification and Resubmittal

                                            The holder of a special use permit for a regulated wetland area
                                            may request and the Wetland Advisory Committee may approve
                                            modification of a previously issued special use permit.

                                            A special use permit which has been denied may be modified and
                                            resubmitted no earlier than one hundred and eighty (180) days
                                            following action on the original application.




                                                                                                               65









              Section 11.            Nonconforming Activities

              A regulated activity that was lawful before passage of this act, but
              which is not in conformity with the provisions of this act, may be
              continued subject to the following:

                      a)      No such activity shall be expanded, changed,
                              enlarged, or altered in any way that increases its
                              value at the time of its becoming a nonconforming
                              structure, unless the structure is permanently
                              changed to a conforming use;

                      b)      No structural alteration or addition to any
                              nonconforming structure over the life of the
                              structure shall exceed 50 percent of all its value at
                              the time of its becoming a nonconforming structure,
                              unless the structure is permanently changed to a
                              conforming use.

                      C)      If a nonconforming use or activity is discontinued
                              for 12 consecutive months, any resumption of the
                              activity shall conform to this act;

                      d)      If any nonconforming use or activity is destroyed by
                              human activity or an act of God, it shall not be
                              resumed except in conformity with the provisions of
                              the act.


                      e)      Activities or adjuncts thereof that are or become
                              nuisances shall not be entitled to continue as
                              nonconforming activities.

              Section 12.            Judicial Review


              All final decisions of the Wetland Advisory Committee concerning
              denial, approval, or conditional approval of a special permit shall
              be reviewable in the Superior Court of Guam through the filing for
              a writ of mandamus, pursuant to ï¿½ 1084 et.seq. of Civil Procedure
              Code of Guam within sixty (60) days after such decision is made.

              Based on these proceedings and the decisions of the court, the
              Wetland Administrator may, within the time specified by the court,
              elect to:




              66









                                                   a)     Institute all negotiated purchase or condemnation
                                                          proceedings to acquire an easement or fee interest
                                                          in the applicant's land;

                                                   b)     Approve the permit application with lesser
                                                          restrictions or conditions; or

                                                   C)     Institute other appropriate actions ordered by the
                                                          court that fall within the jurisdiction of the Wetland
                                                          Administrator.


                                           The provisions of this section shall be in addition to any other
                                           remedies available at law.


                                           Section 13.            Amendments


                                           These regulations and the Official Wetlands Map may from time
                                           to time be amended in accordance with procedures and
                                           requirements in the general statues and as new information
                                           concerning wetland locations, soils, hydrology, flooding, or
                                           botanical species peculiar to wetlands become available.



                                           Section 14.            Assessment Relief


                                           Assessors and boards of assessors shall consider wetland
                                           regulations in determining the fair market value of land. Any
                                           owner of an undeveloped wetland who has dedicated an easement
                                           or entered into a perpetual conservation restriction with the
                                           Wetland Advisory Board or a nonprofit organization to
                                           permanently control some or all regulated activities in the wetland
                                           shall have that portion of land assessed consistent with those
                                           restrictions. Such landowner shall also be exempted from special
                                           assessment on the controlled wetland to defray the cost of
                                           municipal improvements such as sanitary sewers, storm sewers,
                                           and water mains.













                                                                                                               67











           000,
















                                                      WETLANDS ARE THE BOND BETWEEN OUR WATER
                                                      AND OUR LAND. PROTECTING WETLANDS MEANS
                                                      PRESERVING BEAUTY LIKE THIS FOR OUR CHILDREN.























     0 U R  R I V E R S AND
     STREAMS ARE SOURCES

     OF FRESH WATER TO
     DRINK, SWIM AND FISH
     IN... AN IRREPLACABLE
     PART OF OUR ISLAND

     BEAUTY.
                                        lid





                                                                                  a
                                                                                  LM

















                                                                OP


                                                                    7
                                                    '410 80ny&0'*         Chapter Eight
                                                                              Wetland Issue Resources








                                                         "And afterwards, I alwaysfell mean, jogging back
                                                                 over that logging road,
                                                         As if I had broken the natural order of things
                                                                 in that swampland;:.:
                                                         Disturbed by some rhythm, old  and of -vast
                                                                 importance,
                                                         By pulling the flesh ftom the living planet;
                                                         As if I had committed, against the wholescheine.,
                                                                 of life, a desecration.
                                                                              THEODORE: ROETWE@
                                                                                 Moss Gathering,  1948



                                           If you want to learn more about          Guam's wetlands and the
                                           resources associated with them, there are several government and
                                           private organizations that can provide information. We have listed
                                           the main sources of wetland information below.


                                           GUAM ENVIRONMENTAL PROTECTION AGENCY
                                           Fred Castro, Gary Stillberger
                                           P.O. Box 2999
                                           Agana, Guam 96910
                                           (671) 646-8863/5

                                           DEPARTMENT OF AGRICULTURE, DIVISION OF AQUATIC
                                           AND WILDLIFE RESOURCES
                                           Antonio Quitugua, Bob Anderson
                                           P.O. Box 2950
                                           Agana, Guam 96910
                                           (671) 734-3944/5


                                                                                                                69











          UNIVERSITY OF GUAM:
          UOG Station
          Mangilao, Guam 96923

               -MARINE LABORATORY
               Dr. Bob Richmond
               (671) 734-9510/9323

               -BIOLOGY DEPARTMENT
               Dr. Lynn Raulerson
               (671) 734-9242

          U.S. ARMY CORPS OF ENGINEERS, GUAM OPERATIONS
          OFFICE
          Frank Dayton
          238 Archbishop F.C. Flores St.
          Agana, Guam 96910
          (671) 344-5203

          BUREAU OF PLANNING, GUAM COASTAL MANAGEMENT
          PROGRAM
          Peter Leon Guerrero, Michael Ham
          P.O. Box 2950
          Agana, Guam 96910
          (671) 472-4201/3























          70













                                                    vp'ls DS




                                                                      Bibliography




                                          Bureau of Planning. 1978 Guam Comprehensive Development Plan
                                          Government of Guam 206 p.

                                          Burke, D.G., Meyers, E.J., Tiner, R.W.Jr., Groman, H.1988
                                          Protecting Nontidal Wetlands. American Planning Association
                                          Planning Advisory Service Report Number 412/413.

                                          Cowardin. 1979 Classification of Wetlands and Deepwater
                                          Habitats of the United States US Department of Interior, Fish and
                                          Wildlife Service. FWS/OBS-79/31 103 p.

                                          Curry-Lindahl, Kai. 1972 Conservationfor Survival. An Ecological
                                          Strategy William Morrow & Co. NY NY 335 p.

                                          Department of Land Management. 1981 Flood Hazards and
                                          Wetland Areas Rules and Regulations Planning Division,
                                          Government of Guam.


                                          Diaz, G., Hotaling, D., Hotaling, A.L., Payne, L. 1977 Life on
                                          Guam: Mangrove Flat Department of Education, Guam 38 p.

                                          Key, Robert E. 1968. A Science Teachers Handbook to Guam.
                                          Guam Science Teachers Association/Department of Education.
                                          Guam. p.28-50.

                                          Moore, P.H. 1977 An Ecological Survey of Pristine Terrestrial
                                          Communities on Guam Coastal Zone Management, Guam. p.2-3



                                                                                                          71









              Moore, P., Raulerson, L., Chernin, M., McMakin, P.. 1977
              Inventory and Mapping of Wetland Vegetation in Guam, Tinian,
              Saipan and the Marianas Islands University of Guam Biosciences
              and US Army Crops of Engineers. 253 p. DACW 84-76-C-0038

              National       Oceanographic          and Atmospheric
              Administration. 1979.Guam Coastal Management Program
              Environmental Impact Statement. US Dept. of Commerce, NOAA.
              2 vols.


              Pringle, Lawrence. 1973 Estuaries, Wkere Rivers Meet the Sea.
              Macmillian Co, NY NY 55 p.

              Randall, R.H., Eldredge, L.G. 1976 Atlas of the Reefs and
              Beaches of Guam Bureau of Planning, Government of Guam.
              191 P.

              Randall, R.H., Tsuda, R.T. 1974 Field Ecological Survey of the
              Agana-Chaot River Basin University of Guam Marine Lab
              Technical Report. 64 p.

              Simon, Anne W. 1978 The Thin Edge: Coast and Man in Crisis.
              Harper & Row, NY NY 180 p.

              Sternmerman, L. 1981 A Guide to Pacific Wetland Plants US
              Army Corps of Engineers. Honolulu. 118 p.

              Stojkovich, J.O. 1977 Survey and Species Inventory of
              Representative Pristine Marine Communities on Guam University
              of Guam Marine Lab Technical Report No.40. p. 62-67

              Tenorio, J.C. & Associates. 1979 Ornithological Survey of
              Wetlands in Guam, Saipan, Tinian and Pagan. US Army Corps of
              Engineers. 202 p. DACW 84-78-C-00031

              US Fish and Wildlife Service. 1983 National Wetlands Inventory
              Guam.


              U.S. Environmental Protection Agency. 1991 Wetlands and Puget
              Sound's Water Quality Management Plan. EPA News Notes. US
              Environmental Protection Agency. March 1991. p.15





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