Title 20 — Harbors and Navigation

The master of every vessel and crew thereof, when requested by the Port Director, shall give and afford all possible aid in the performance of his duties in relation to such vessel. History: 1962, PL 7-27.

No person, without the consent of the port director, may cut or cast off any mooring lines, rope or tackle made fast or attached to any vessel, wharf, mooring, buoy, or other place when the same- has been fastened or attached by the port director or by his order. History: 1962, P…

(a) It is unlawful for any vessel to try her engine within the harbor limits without the permission of the Port Director. (b) Any vessel trying her engines alongside of any wharf will be held responsible for any damage to wharves or vessels as a result of such trying of her engin…

All vessels entering or leaving port shall keep both anchors clear and in readiness to let go if required. History: 1962, PL 7-27.

The master, agents, or owners of a vessel arriving at or departing from the port of Pago Pago shall notify the Port Director as soon as practicable of the times of expected arrival and departure, and in the event of a change in time; the Port Director shall be notified immediatel…

Except in cases of actual emergency, all vessels shall proceed at a speed not to exceed 5 knots when entering or leaving Pago Pago Harbor while inside the harbor limits. History: 1962, PL 7-27.

If by reason of there being no person aboard a vessel with proper authority, or if by reason of an insufficient number of persons being aboard such vessel, noncompliance with this chapter occurs, or if the master or crew of a vessel refuses to aid the Port Director in moving, pum…

No vessel may anchor in any fairway of any channel, or so as to obstruct the approach to any wharf. History: 1962, PL 7-27.

It shall be the responsibility of the owner, master, or owner’s agent to provide any necessary protection to the wharves used, to protect them from all damage in excess of fair wear and tear, whether caused by unusual weather, wind, or operations of the vessel. Any damage caused …

(a) A person, vessel owner, or master of a vessel who violates 20.1714 is guilty of a class D felony. A person, vessel owner, or master of a vessel who violates any other provisions of this title, or any of the rules promulgated pursuant to this title, is guilty of a class A misd…

The Port Director may summarily order a person who, or the master of a vessel who, violates 20.1714 to immediately discontinue and to remove or clean up, at the violator’s expense, the discharge. A person aggrieved by an order under this section by the Port Director may appeal th…

(a) There is established in the Treasury of American Samoa a Special Cleanup Fund, consisting of such amounts as may be appropriated or transferred to such Fund, as follows: (1) All moneys identified by the Port Director as having been collected in the form of fines pursuant to s…

(a) All moneys in the Cleanup Fund established under section 20.1117 shall quarterly be paid over by the Treasurer of American Samoa to the Executive Secretary of the Environmental Quality Commission, who shall serve as Trustee of the Fund. (b) The Cleanup Fund shall be used for …

The Executive Secretary of the Environmental Quality Commission as Trustee of the Cleanup Fund established under section 20.1117, is hereby authorized to borrow, and the Treasurer of American Samoa is authorized to advance, such sums as may be necessary to keep the operating bala…

(a) The port of Pago Pago shall be the only port of entry for American Samoa for surface vessels. (b) All vessels must enter and clear from such port, and no vessels may call at any other port in American Samoa without first entering and clearing from the port of Pago Pago unless…

If any vessel not in distress enters or attempts to enter a port in violation of the provisions of 20.1201, the pulenuu of the village at such port or the representative of the Director of Health shall communicate the fact by the fastest available means to the Director of Port Ad…

(a) The Director of Health or his representative may board each vessel coming from a port other than a port in American Samoa. (b) No other person except a pilot may board the vessel until pratique has been granted, and there will be no other physical communication with the vesse…

Ships entering the port of Pago Pago are required to obey any orders of the Director of Health or his representative issued pursuant to this chapter concerning the granting of pratique. History: 1962, PL 7-27; 1972, PL 12-42 § 2.

The captain or other officer in command of any vessel coming from a foreign port must present to the health officer, upon demand of the Director of Health or his representative, a proper bill of health, together with a full, true, and correct list of all passengers and crew and t…

The Director of Health or his representative is authorized to inspect any vessel, passengers or members of the crew when he deems it necessary. He may order such special precautions or restrictions as he deems necessary to prevent the entrance of communicable disease into America…

The captain or other officer in command of any vessel shall detain on board any person designated by the Director of Health or his representative, and he shall allow such person to land only when he has received permission therefor from the Director of Health. History: 1962, PL 7…

Prior to granting clearance to any vessel, there shall be collected from the master or agent thereof the cost of any medical or surgical treatment rendered to the passengers or crew of said vessel including, if applicable, the cost of transportation of such passenger or crew memb…

The Director of Health or his representative is authorized to promulgate such rules and pro-cedures as necessary and proper for granting pratique to vessels entering American Samoa. History: 1962, PL 7-27: 1972, PL 12-42 § 1.

(a) Any person who departs from the limits of any quarantine area established by the Director of Health or his representative, without permission of the Director or his representative, shall be guilty of a class A misdemeanor and upon conviction, sentenced accordingly. (b) Any ve…

Any person who violates any provision of, or rule prescribed under, this chapter shall be guilty of a class A misdemeanor and upon conviction, sentenced accordingly. History: 1972, PL 12-42 § 5; amd 1980, PL 16-90 § 48. Amendments: 1980 Amended to conform with penalties provided …

Pilotage is not compulsory, but regular pilot fees shall be charged whether a pilot is employed or not. Pilotage may not be chargeable, however, when the services of a pilot are not available when requested. History: 1962, PL 7-27.

(a) Requests for pilots shall be made to the Port Director. (b) Inbound Vessel. A pilot cannot always be provided unless the request is made 24 hours before the vessel’s arrival. Once the estimated time of arrival at the pilot station is established, 1 hour of leeway is permissib…

(a) Pilotage fees shall be based on the draft of a vessel. (b) Pilotage fees shall be 350 for all vessels, plus an additional fee of $3 per foot of draft or fraction thereof for all vessels over 12 feet. Notwithstanding the above, when the services of a pilot are actually require…

Any vessel that carries passengers or freight, or both, between the islands of American Samoa and any island in the South Pacific Ocean, owned by any person carrying on business in American Samoa and used in connection with such business, and the master of which is a duly authori…

Pilot fees shall be paid by all vessels prior to departure in accordance with the schedule set forth in 20.1403. All fees must be paid to the Treasurer of American Samoa. Pilots are not authorized to receive fees. History: 1962, PL 7-27; 1972, PL 12-49 §§ 3, 5.

Masters of vessels shall be responsible for the safety of their vessels at all times. Neither the government of American Samoa or the pilot are responsible for any loss or damage incurred while a vessel is being piloted. History: 1962, PL 7-27.

A pilot may not conduct a vessel to sea unless the vessel has been regularly cleared by Customs and the Port Director’s office. History: 1962, PL 7-27.

Any person having a complaint to make against a pilot shall make such complaint in writing to the Port Director, who shall immediately investigate the complaint and report thereon to the Governor. History: 1962, PL 7-27.

Within the waters of American Samoa, the International Rules for Navigation, modified by local rules and regulations, shall be applicable. History: 1962, PL 7-27.

Pilots will observe all harbor, quarantine and other local regulations. History: 1962, PL 7-27.

The mooring and unmooring of vessels and the shifting, fastening or releasing of lines of a vessel shall be arranged for by shipping agents. No such service may be provided by the govern-ment. History: 1962, PL 7-27

No person may make fast any rope or mooring lines to any wharf or part thereof, except to the mooring piles, bitts, or cleats provided for that purpose. History: 1962, PL 7-27.

(a) All vessels, except pleasure boats and vessels the home waters of which are in American Samoa, shall pay a service charge when entering Pago Pago Harbor. The service charge shall be set by the Port Director. (b) The Port Director may establish by regulation charges for anchor…

No mooring buoys may be installed in the harbor or channel without the authority of the Port Director and the Governor’s approval. History: 1962, PL 7-27.

(a) Dockage shall begin against a vessel when: (1) making fast to a wharf, dolphin, or other structure; (2) occupying a berth immediately alongside a wharf; (3) making fast to a vessel alongside a wharf or to another vessel already made fast to a vessel alongside a wharf; (4) the…

(a) Dockage charges shall apply to all vessels not exempted under 20.1604 as follows: (1) Vessels shall be required to pay dockage charges computed-on a gross ton per day basis or per foot of vessel length per day basis, whichever is the greater, and the charge shall be com-puted…

At the discretion of the Port Director, the day may be divided into 2 equal parts for the purpose of determining dockage due, and a vessel may be charged one-half day dockage if it occupies a berth during only one of the equal periods on any day. History: 1962, PL 7-27.

Free dockage will be accorded as follows: (1) at the discretion of the Port Director, provided actual loading and unloading operations are not being performed: (2) to government-owned or operated vessels, not engaged commercially: (3) to United States Coast Guard or other United …

The charge for use of motor launches or tugs for docking or running lines will be established by the Port Director in accordance with the Administrative Procedures Act. 4.1001 et seq. History: 1962, PL 7-27; 1972, PL 12-49 § 8.

Wharfage charges shall be paid by the owners of merchandise loaded on or unloaded from any vessel, but the collection of wharfage charges must be guaranteed by the vessel or her owners or agents. Use of a wharf by a vessel, her agents or owners for loading or unloading of freight…

(a) The rates for wharfage shall apply per ton of 2,000 pounds weight or 40 cubic feet of measurement, except copra, for which the ton shall be 2,240 pounds and shall be calculated on the same basis (weight or measurement) as used by the owners of the vessel involved in determini…

The master or agent of a vessel shall employ sufficient skilled labor to insure expeditious loading and unloading of the vessel. The number required shall be determined by the Director. The Director is authorized to prescribe realistic time limits within which a vessel shall be l…

All cargo shipped by or for the Government of American Samoa or the United States Gov-ernment shall be exempt from all tonnage or wharfage fees imposed by 20.1606 through 20.1608. History: 1972, PL 12-56 § 2.

(a) Any vessel, vehicle, merchandise, or person causing damage to any property shall be liable for such damage. The government is not liable for any damage to or loss of merchandise or other property on any wharf. (b) Agencies loading or unloading at wharves shall indemnify and s…

Vessels may be moved or shifted at any time at the discretion of the Port Director. History: 1962, PL 7-27.