Chapter 09 — Fishing

(1) “Department” means the Department of Marine and Wildlife Resources (A.S.C.A. § 24.0302(1)). (2) “Director” means the director of DMWR (A.S.C.A. § 24.0302(2)). (3) “Fish” means those species of the classes osteorchthyes, condrichtyes and agnathes that shall not be fished for e…

(a) In accordance with 24.0305 A.S.C.A., every seafood dealer shall make a legible record in the form of a receipt in triplicate on forms to be furnished by the department. (b) The original signed copy of the receipt shall be delivered to the fisherman at the time of the purchase…

(a) Commercial Fishermen shall be required to keep all applicable records in accordance with 24.0306 A.S.C.A. (b) Fish processors shall be required to file written reports as required by 24.0307 A.S.C.A. (c) Fish wholesalers shall report all information to the department as requi…

In accordance with 24.0309 A.S.C.A., the receipts, reports, or other records filed with the department and the information contained therein, shall be confidential, and the records shall not be public records, and the information contained in the records shall be compiled or publ…

(a) Each year, the Director of the Department shall issue a proclamation establishing the following for the taking of fish and shellfish: (1) Seasons, (2) Area and gear restrictions, (3) License and permit fees, and (4) Harvest limits. (b) Annual proclamations shall be effective …

It is unlawful to engage in prohibited fishing activities in restricted areas as defined in the annual proclamation. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

In conjunction with existing federal regulations, the following activities are prohibited in Fagatele Bay National Marine Sanctuary subzones A and B, the boundaries of which incorporate all lands and waters of Fagatele Bay from the mean high water line seaward to a line extending…

The following activites are prohibited in Fagatele Bay subzone A, the boundaries of which incorporate all lands and waters of Fagatele Bay from the mean high water line seaward to a line extending from Fagatele Point to Matautuloa Benchmark. (a) No person shall possess or use fis…

In conjunction with the existing federal regulations, the following activities are prohibited within RANWR, the boundaries of which incorporate all lands within the extreme low water line of the outside perimeter reef except at the entrance channel where the boundary is a line ex…

It is unlawful to use or possess in a fishing area any gear prohibited by the annual proclamation. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

It is unlawful to take or attempt to take fish or shellfish with dynamite or any other explosive. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

It is unlawful to place or explode dynamite or any explosive, or cause to be placed or explode dynamite or any explosive in the waters of American Samoa for any reason except as may be authorized by the American Samoa Government pursuant to all applicable regulations and permits.…

It is unlawful to take or attempt to take fish or shellfish using any substance that has a poisonous or intoxicating effect on fish or shellfish. These prohibited substances include but are not limited to laundry bleach, quinaldine, insecticides, herbicides, and traditional fish …

It is unlawful to take or attempt to take fish or shellfish with any electrical device that operates by shocking with an electrical current. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

Subject to the provisions of section 24.0916 and this section, fishing using SCUBA gear is lawful except that: (a) It is unlawful to take, attempt to take, or assist in the taking of fish or shellfish (or both) using SCUBA gear by any means other than by hand or by spear. (b) It …

It is unlawful to take, attempt to take, or assist in the taking of fish or shellfish (or both) in any quantity using SCUBA gear after sunset and before sunrise. (a) Possession or custody of fish or shellfish (or both) and SCUBA gear by any person when in or on the waters of Amer…

It is unlawful for any person when in or on the waters of American Samoa, or on the land close to fishing locations, to possess any explosive, poisonous substances, or electrical devices designed to shock fish. Unless the person proves, by the preponderance of evidence, that he i…

The frame opening for hand or scoop nets shall not exceed three feet in diameter. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

It is unlawful to possess, use or attempt to take fish or shellfish with a cast or throw net with a stretched mesh size less than three quarters of an inch. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.…

It is unlawful to: (a) Possess, use or attempt to take fish with a gillnet with a stretched mesh size of less than one and one half inches. (b) Deploy a gillnet or series of continuous gillnets with a combined length in excess of 700 feet. (c) Deploy a gillnet within fifty feet o…

Seines, surround nets and drag nets must have a stretched mesh size of at least one and one half (1.5) inches. This restriction shall not apply to the construction or use of traditional surround nets (lau) made from materials. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 …

Any person placing or maintaining a fish weir in the waters of American Samoa must first obtain an official permit from the department. The permittee must comply with all requirements of the permit. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, re…

(a) Fish and shellfish traps shall not exceed six (6.0) feet in any linear dimension i.e. length, width, height or diameter. (b) All fish and shellfish traps must be checked and emptied at least every twenty four (24) hours. (c) It is unlawful to deploy a fish or shellfish trap i…

It is unlawful to import, possess, sell or offer for sale any fishing gear that is prohibited from use by these laws. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

It is unlawful to possess, receive, transport, buy, sell, or offer for sale any fish or shellfish that was taken in a manner contrary to these laws. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

It is unlawful to willfully damage coral during fishing operations. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

It is unlawful to willfully damage or destroy fish habitat at any time unless authorized by the American Samoa Government pursuant to all applicable permits and regulations. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 20…

It is unlawful to take any fish or shellfish in any manner, location, quantity, size or season contrary to the annual proclamation. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, renumbering. Amendments: 2012, renumbering.

(a) It is unlawful to collect any living coral in water less than 60 feet deep. (b) No commercial harvest of coral is permitted without a valid coral collection permit from the department. The permittee must comply with all requirements and conditions of the permit. History: DMWR…

(a) It shall be unlawful for any person to knowingly collect, excavate, remove or relocate any quantity of live rock by any means from the waters of American Samoa without a valid permit from the department. Permits may be issued for scientific study or for the mariculture operat…

(a) It is unlawful to take, possess, sell or import any tridacnid clam from the waters of American Samoa that measure less than seven (7.0) inches when measured across the longest part of the shell. (b) Tridacnid clams imported, sold or offered for sale must be in whole condition…

The commercial harvest of ornamental shells from the waters of American Samoa requires a valid shell collection permit from the department. The permittee must comply with all requirements and conditions of the permit. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. A…

(a) It is unlawful to take, possess, sell, offer for sale, import or export eggbearing mangrove crabs. (b) It is unlawful to take, possess, sell, offer for sale, import or export any mangrove crab that measures less than six (6.0) inches across the widest portion of the back. His…

(a) It is unlawful to take, possess, sell, offer for sale, import or export any eggbearing coconut crab. (b) It is unlawful to interfere with a coconut crab engaged in the activity of releasing larvae into the waters of American Samoa. (c) It is unlawful to take, possess, sell, o…

(a) It is unlawful to take, possess, import, export, sell or offer for sale eggbearing slipper lobsters. (b) It is unlawful to use spears or snagging devices for the collection of slipper lobsters. History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12. Amendments: 2012, ren…

(a) It is unlawful to take, possess, sell or offer for sale eggbearing spiny lobsters. (b) It is unlawful to take, possess, sell or offer for sale spiny lobsters that measure less than three and one eighth inches in carapace length, defined as the midline measurement taken from t…

The following activities relating to the green sea turtle (Chelonia mydas), the hawksbill turtle (Eretmochelys imbricata), and the leatherback turtle (Dermochelys coriacea) are prohibited: (1) Import, export, sell or offer for sale any such species or body parts of such species, …

It is unlawful to: (1) Take a marine mammal in American Samoa, (2) Import, export, sell or offer for sale any marine mammal or the body parts of any marine mammal, and (3) Possess, deliver, carry, transport or ship by any means whatsoever any marine mammal or the body parts of an…

(a) No person shall: (1) Possess, deliver, carry, transport or ship by any means whatsoever any shark species or the body parts of any such species; (2) Import, export, sell or offer for sale any such species or body parts of such species; or (3) Take or kill any such species in …

(a) This section applies to the Humphead Wrasse (Cheilinus undulatus), also known as Napoleon Wrasse, Maori Wrasse, Lalafi, Tagafa, or Malakea. (b) No person shall: (1) Possess, deliver, carry, transport or ship by any means whatsoever Humphead Wrasse or the body parts of any suc…

(a) This section applies to the Bumphead parrotfish (Bolbometopon muricatum), also known as Green Humphead parrotfish, Uluto’i, Laea-uluto’i, or Galo uluto’i. (b) No person shall: (1) Possess, deliver, carry, transport or ship by any means whatsoever Bumphead parrotfish or the bo…

(a) This section applies to the Giant grouper (Epinephelus lanceolatus), also known as Ata’ata-uli or Vaolo. (b) No person shall: (1) Possess, deliver, carry, transport or ship by any means whatsoever Giant grouper or the body parts of any such species; (2) Import, export, sell o…

(a) The following permits are required when applicable: (1) Aquarium fish collection permit. (2) Fish weir permit. (3) Commercial trapping permit. (4) Commercial coral harvesting permit. (5) Commercial shell harvesting permit. (6) Scientific collection permit. (7) Importation per…

(a) A commercial fishing license is required for all fishermen engaged in commercial fishing in the waters of American Samoa. Persons who wish to apply for a commercial fishing license must: (1) Continuously reside in American Samoa for at least one year, (2) Show proof of legal …

Any person with a bona fide scientific or educational purpose may apply in writing to the director for a scientific collection permit that may allow the applicant to collect aquatic organisms using gear, in certain areas, or at certain times, otherwise prohibited by these regulat…

All persons importing fresh fish and shellfish products of the same species found in American Samoan waters must first obtain a permit from the Department and shall comply with all applicable laws in this document. Failure to demonstrate compliance with these laws shall result in…

(a) Any person wishing to import living aquatic organisms to the Territory must first obtain a permit from the department after consultation and approval by the director. (b) Requests for permits shall be submitted to the director on forms provided by the department. (c) The dire…

(a) Any person wishing to deploy a FAD in the waters of American Samoa must first obtain a permit to do so from the U.S. Coast Guard. Preliminary planning shall be carried out in cooperation with the department and the U.S. Coast Guard. (b) It is unlawful to moor any vessel, line…

(a) It is unlawful to fish or conduct fish or shellfish harvesting activities while moored to a recreational mooring buoy. (b) It is unlawful to tamper with, vandalize or remove any recreational mooring buoy. (c) Recreation mooring buoys shall be clearly marked, “No Fishing.” His…

(a) It is unlawful to intentionally hinder any vehicle or vessel from using a department constructed boat ramp. (b) It is unlawful to leave any vehicle, vessel or trailer on a department constructed boat ramp for any period exceeding one hour. (c) It is unlawful to tie any vessel…