American Samoa Administrative Code

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…

(a) These laws are fully enforceable by ASG Department of Public Safety Officers and other authorized persons, although the primary enforcement agents will be deputized DMWR staff. (b) Pursuant to 24.0310(a) A.S.C.A., the director and designated staff shall have full authority to…

(a) Pursuant to 24.0312(a) A.S.C.A., any person who violates any provision of these laws shall be guilty of a class B misdemeanor punishable by a fine not to exceed five hundred dollars or by a prison term in excess of fifteen days not to exceed six months, or both. (b) Pursuant …

Pursuant to the authority granted to the Department of Marine and Wildlife Resources under A.S.C.A. § 24.0905, the following rules and regulations are set forth to govern and provide authority for the Community-based Fisheries Management Program. History: Rule 1-08, eff 2008.

The American Samoa Islands and its surrounding waters contain historical, cultural, and natural resources that must be protected, managed, controlled and preserved for the benefit of all people of the Territory and future generations. The protection of these traditionally valuabl…

The following definitions shall apply to the regulations of the Community-based Fisheries Management Program. Any definition referring to the male gender also includes the female gender. (1) “Barter” means the exchange or trade of Fish or Shellfish, or any Fish or Shellfish parts…

To participate in the Community-based Fisheries Management Program a Village must do the following: (a) Notify the Department of the Village’s intent to participate; (b) Meet with the proper representatives from the Department; (c) Develop and implement Village by-laws for the co…

(a) A participating Village must designate the Village Marine Protected Area that will be governed by the management methods of these regulations. (b) A participating Village must provide the Department with a description of the area designated as the Village Marine Protected Are…

(a) Each participating Village shall, after consultation with the Department, implement the set of Village by-laws that set forth the conservation and management measures that will control the Village’s Marine Protected Area. (b) The set of Village by-laws shall be adopted as req…

(a) It is a violation of these regulations for any unauthorized Person to remove, move, change, modify, destroy, hide, or submerge, or attempt to, or to cause such actions to any Village Marine Protected Area marker. (b) It shall be a violation of these regulations for any Person…

(a) The following methods of Fishing or Taking Fish or Shellfish shall be the only Approved Fishing Methods for Fishing or Taking Fish or Shellfish in any Village Marine Protected Area. (i.) Fishing with a rod and reel; (ii.) Fishing with a bamboo pole; (iii.) Fishing with a hand…

The following Fishing methods shall be Illegal Fishing Methods and are prohibited in any and all designated Village Marine Protected Areas and no Village, whether participating or not participating in the Community-based Fisheries Management Program, may allow or permit any of th…

It is a violation of the provisions of this Community-based Fisheries Management Program for any Person to deliberately or intentionally cause, or allow to be caused, any damage or destruction to the marine environment of any Village Marine Protected Area. This includes, but is n…

(a) No living Coral or Live Rock may be Taken or removed from a Village Marine Protected Area. (b) No Marine Mammals or any part of a Marine Mammal may be Taken or removed from a Village Marine Protected Area. History: Rule 1-08, eff 2008.

No Village or Village and Enforcement Monitoring Committee may allow, permit, or authorize any Person to Take or attempt to Take any species of sea turtles and other endangered species listed as an endangered species in Title 50 of the Code of Federal Regulations sections 17.11 a…

The following methods and procedures are authorized and available to enforce the provisions of this Community-based Fisheries Management Program. (a) The Director may deputize and otherwise authorize a Village’s Pulenu’u and one Village policeman to issue citations under the Comm…

The form of the citation shall be approved by the Department and copies of the form shall be stocked, ordered, provided and paid for by the Department. History: Rule 1-08, eff 2008.

The citation must be served by personal deliver of a copy of the citation to the defendant. History: Rule 1-08, eff 2008.

(a) The Department shall provide all training of the individual(s) from a Village that is to monitor the Village’s Marine Protected Area. (b) The number of individuals trained by the Department for each Village shall be only the number of persons reasonably needed to monitor the …

The following penalties may be assessed by the Department against a Person who is issued a citation by the Department for violation of the Village by-laws or a violation of these regulations: (a) A warning may be issued, at the discretion of the person authorized to issue citatio…

(a) Property used in connection with a violation resulting in a conviction for violating any of the prohibited acts set forth in ASAC §24.1008 is subject to seizure and forfeiture. (b) Upon a conviction of a person in whose possession the property was found, the court having juri…

Pursuant to the authority granted to the Department of Marine and Wildlife Resources under ASCA § 24.0304 and pursuant to the Authority under the Community-based Fisheries Management Program, the following Village by-laws govern and provide the manner for each Village’s participa…

The by-laws provide each Village with a set of guidelines and rules to implement and utilize in the Village’s participation in the Community-based Fisheries Management Program. History: Rule 1-08, eff 2008.

The definitions as set forth in the Community-based Fisheries Management Program shall apply to the terms used in these by-laws. History: Rule 1-08, eff 2008.

(a) A Village’s designated Village Marine Protected Area’s boundaries must be marked in a manner reasonably obvious to inform the public that access to the area has been restricted. (b) A Village’s Marine Protected Area shall be marked by the use of one or more of the following: …

(a) The following methods of Fishing or Taking Fish or Shellfish shall be the only Approved Fishing Methods for Fishing or Taking Fish or Shellfish in any Village’s Marine Protected Area. (i.) Fishing with a rod and reel; (ii.) Fishing with a bamboo pole; (iii.) Fishing with a ha…

The following Fishing methods shall be Illegal Fishing Methods and are prohibited in any and all designated Village Marine Protected Areas and no Village, whether participating or not participating in the Community-based Fisheries Management Program, may allow or permit any of th…

It is a violation of the provisions of this Community-based Fisheries Management Program for any Person to deliberately or intentionally cause, or allow to be caused, any damage or destruction to the marine environment of any Village Marine Protected Area. This includes, but is n…