Title 20 — Harbors and Navigation

It is the purpose of this chapter to establish certain standards for the protection and promotion of the health, safety and general welfare of people of the Territory of American Samoa; to encourage the orderly scheduling and safe operation of vessels in interisland and coastwise…

As used in this chapter: (a) “Board” means the Board of Marine Inspectors. (b) “Vessel” includes every description of watercraft (except longboats and paopaos) used or intended to be used as a means of transporting passengers or freight for profit. History: 1971, PL 12, 34 § 3.…

There is a Board of Marine Inspectors composed of 5 qualified persons, appointed by the Governor of American Samoa, which shall have general superintendence over all vessels and seamen operating in interisland coastwise traffic in American Samoa and adjacent waters. In addition, …

(a) Subject to the provisions of this chapter, the Board may: (1) issue registers and certificates of inspection (hull and machinery) for the operation of vessels; (2) issue licenses for masters, pilots, and engineers after appropriate written and oral examinations as determined …

All procedures of the Board not set out in this chapter shall be conducted pursuant to the Administrative Procedure Act, 4.1001 et seq. History: 1971, PL 12-34 § 18.

The Board shall inspect, or cause to be inspected by a duly authorized representative, each vessel registered under this chapter. Such inspections shall be at reasonable times and places as the Board shall direct and shall be conducted at least once a year and at such other times…

The Board is empowered to adopt rules incorporating by reference recognized safety inspection procedures of the Bureau of Shipping, Maritime Administration, or the United States Coast Guard. With reference to aerial tramways and aerial cables, the Board is authorized to contract …

Upon recommendation of the inspector, the Board shall either issue a certificate of inspection or shall refuse to issue such certificate. Upon refusal to issue such certificate, the Board shall list the reasons for the refusal. History: 1971, PL 12-34 § 7.

A certificate of inspection or registry provided for in this chapter may be refused, revoked, suspended, limited, or modified for any one or combination of the following grounds: (1) failure to comply with any of the provisions of this chapter or valid rules and regulations of th…

All certificates of inspection issued under this chapter shall be kept on board the vessel at all times and produced upon demand made by the Board, its authorized representative, the Harbor Patrol of Pago Pago Harbor or the United States Coast Guard. History: 1971, PL 12-34 § 7.

All certificates of registry issued by the Board shall be kept on the vessel and shall contain the following information: (1) ownership of vessel; if more than one owner, then the proportion of ownership of each; (2) residence and citizenship of each owner; (3) name of the vessel…

All certificates of inspection of boilers and pressure vessels and stationary or marine engines issued by the Board must be affixed prominently on or near the boiler or on a tag affixed to the pressure vessel and shall show: (1) the name of the manufacturer of the boiler, pressur…

All certificates of tramways and aerial cable-ways issued by the board must be affixed prominently on or near the main operating machinery of the tramway or aerial cableway, which shall show the dates of all inspections and the name of the inspector, and such other information as…

No master, owner or agent may in any way change the name of a registered vessel without the authorization of the board pursuant to rules and regulations promulgated by the board. History: 1971, PL 12-34 § 8.

It shall be the duty of the owner or owners to report any sale, lease or transfer, in whole or in part, by way of trust or otherwise, of any vessel to the Board within 10 days. History: 1971, PL 12-34 § 9.

(a) All vessels registered under this chapter shall be marked as follows: (1) name of vessel on both bow and the stem; (2) hailing port on the stem; (3) draft marks on the stern and stem of all vessels 50 gross tons and over; (4) load waterlines between stem and stem midway on hu…

(a) All persons operating or performing technical duties on vessels engaged in coastwise or interisland traffic in American Samoa or adjacent waters shall be duly licensed by the Board as a master, pilot, or engineer. Issuance of the license shall be only to United States nationa…

A license provided for in this chapter may be refused, revoked, suspended, limited, or modified by the Board for any one or combination of the following grounds: (1) fraud or misrepresentation in obtaining a license authorized to be issued by the provisions of this chapter: (2) b…

The following license fees are established: (1) Master or engineer of boat carrying passengers, $5. History: 1963, PL 8-6; 1969, PL 11-49; amd 1977, PL 15-35.

(a) The protection of the safety and welfare of persons and goods transported on vessels registered in American Samoa is of vital concern to the people of American Samoa. The Board or its authorized representative shall have authority to immediately suspend any license or certifi…

(a) The Board or its authorized representative may summarily fine any person or vessel in violation of any provision of this chapter or of 20.0401 or rules of the Board in a sum not to exceed $100 per incident or, in the case of an overload violation, a sum not to exceed $25 per …

The Board or its authorized representative may temporarily retain any vessel when reasonable suspicion exists that there is a violation of a provision of this chapter or rules of the Board by a vessel carrying goods or passengers from any port, landing on islands of American Samo…

Any person who is convicted of violating any section of this chapter or 20.0401 or any rules promulgated pursuant thereto shall be guilty of a class A misdemeanor and upon conviction, sentenced accordingly. History: 1971, PL 12-34 § 19; amd 1980, PL 16-90 § 50. Amendments: 1980 A…