Title 24 — Ecosystem Protection and Development

A land use ordinance shall become effective when approved by the Secretary of Samoan Affairs. History: 1972, PL 7-24.

A land use ordinance may be abrogated by the Governor at any time if he finds that it is being improperly administered. History: 1962, PL 7-24.

It is the public policy of this Territory and purpose of this chapter to preserve, protect, perpetuate and manage the marine and wildlife resources within the Territory. This chapter is to be construed so as to implement such policy and purpose to the fullest extent. History: 198…

(a) As used in this chapter unless the context clearly requires otherwise: (1) “Dealer” means any person or business entity engaged in the business of: buying, canning, curing, or preserving fish or shell fish; or manufacturing meal, oil, flour, protein concentrate, animal food o…

There is created within the Executive branch of the government an Office of Marine and Wildlife Resources. The head of that office is a Director appointed by the Governor and confirmed by the Legislature. An office budget shall be included in the Governor’s annual budget submitte…

(a) The office has the following powers and duties: (1) manage, protect, preserve and perpetuate the marine and wildlife resources in the Territory; (2) prepare and develop a comprehensive plan or plans for the management, protection and preservation of marine and wildlife resour…

(1) Every dealer shall make a legible record in the form of a receipt in triplicate on forms to be furnished by the department. (2) The receipt shall show: (a) the weight and number of each species of fish or shellfish received; (b) the name of the fisherman providing the fish or…

Every fisherman who sells fish or shellfish taken from the waters of the Territory or brought into the Territory in fresh or frozen condition to persons not licensed to sell fish shall fill out the receipt required by section 24.0305 and shall be subject to the sales tax imposed …

Each fish processor shall, on or before the fifth day of each calendar month, file with the department a written report on such form as may be prescribed containing a statement of the amount of fish or shellfish received at each of its plants during the preceding calendar month. …

Any person operating under a wholesale fish dealers license shall report to the department on the 5th day of the month the total amount of fresh fish and shellfish, in pounds, purchased, received, or taken by him. History: 1987,PL 20-12 § 1; 1988, PL 20-62.

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 published as summaries, so as not to disc…

(a) The Director and such department employees as the Director designates shall have the authority to issue citations, collect fines, impound vessels and equipment, and make arrests for violations of this chapter and any rules or regulations hereunder. (b) Persons arrested shall …

It is unlawful for: (1) any person to engage in drift gillnet fishing within the Territorial waters of American Samoa; (2) any person to sell or offer for sale any nets to be used for drift gillnet fishing; (3) any person to sell or offer for sale any fish taken from the Territor…

(a) Any person who violates any provision of this chapter or of rules promulgated under this chapter shall be guilty of a class B misdemeanor. A business entity found in violation of this chapter or of rules promulgated under this chapter shall be fined not less than $1,000 per v…

In this chapter, unless the context otherwise requires: (a) “Banana”, “plantain”, and “hemp”, when used collectively, mean and include all plants of the genus Musa and extend to the seeds and to every part of the plants, whether attached to the plants or separated therefrom. (b) …

Every occupier of land on which there are any banana, plantain, or hemp plants infected with bunchy top shall at all times do all things necessary to eradicate bunchy top from such land and to prevent the spread thereof. History: 1967, PL 7-16.

If it comes to the knowledge of any occupier of land that there is any banana, plantain, or hemp plant infected with bunchy top on his land, he shall immediately notify the Director of the existence of such bunchy top. History: 1962, PL 7-16.

The occupier of any land on which there is any banana, plantain, or hemp plant infected with bunchy top may not remove it from the land, or move it from one part of the land to another part, except with the prior written consent of the Director or an inspector. History: 1962, PL …

(a) The Director may declare any area in which there are banana, plantain, or hemp plants infected with bunchy top to be a quarantine area within the meaning of this chapter. (b) Notice of the quarantine shall be delivered to the pulenuu of the village in which or near which the …

(a) Every occupier of land within a quarantine area shall keep the ground surrounding every banana, plantain, or hemp plant free and clear of all weeds and other plant growths for a distance of not less than 6 feet. (b) Every occupier of land within a quarantine area on which the…

The Director or an inspector authorized by him may, by notice to an occupier of any land in a quarantine area, require the occupier to comply with any requirements of this chapter, and in the notice may specify the work to be done and the time within which and manner in which suc…

(a) In any case where an occupier of land fails or neglects to comply with the requirements of this chapter, the Director or any inspector or other person authorized by him may enter upon the land and comply with such requirements. (b) All moneys reasonably expended by or on beha…

(a) The Director or any person authorized by him may, at any time and without having first served any notice under 24.0407, enter upon any land, whether in a quarantine area or not, to ascertain if there is any banana, plantain, or hemp thereon infected with bunchy top, and may d…

The Director may from time to time appoint inspectors and define their powers and functions. History: 1962, PL 7-16.

(a) Any notice or other document required to be served on any person under this chapter may be served by delivering it to that person or by mailing it by first class mail to that person at his last known residence. (b) A notice or other document so mailed shall be deemed to have …

Without prejudice to any other liability under this chapter, any person who fails or neglects to comply with the requirements of any notice lawfully served on him pursuant to the provisions of this chapter, or, after it has come to his knowledge that there is any banana, plantain…

Any person who obstructs, hinders, or attempts to obstruct or hinder the Director or any inspector or other person in making any inspection of any land or in carrying out any measures authorized by this chapter, shall be imprisoned for a period not to exceed 6 months, or fined in…

This chapter is designated and may be cited as the “American Samoa Coastal Management Act of 1990.” History: 1990 PL 21-35.

(a) There is established in the Executive branch, within the Office of Development Planning, an office to be known as the “American Samoa Coastal Management Program” (hereinafter “ASCMP”). (b) The Office of Development Planning is the designated Territorial agency, as required by…

(a) Coastal zone management area. The Islands of Tutuila and Aunu’u, the Manu’a Islands, Swains Island, Rose Island, and all coastal waters and submerged lands included within the boundaries of the Territorial sea are hereby designated as the coastal zone management area of Ameri…

The general purpose of ASCMP is to provide effective resource management by protecting, maintaining, restoring, and enhancing the resources of the coastal zone. This shall be accomplished through: (1) protection of unique areas and resources, including wetlands, mangrove swamps, …

(a) A land use permit shall be required for all uses, developments, or activities which impact the coastal zone. (b) The Office of Development Planning is vested with exclusive authority to designate uses subject to land use permit requirements, and will approve, approve with con…

(a) The Director of Development Planning, after public hearings, shall adopt, pursuant to this chapter and the Administrative Procedures Act, 4.1001 A.S.C.A. et seq., rules as are deemed necessary for the efficient and effective administration of this chapter. The rules shall be …

The Director of Development Planning, shall adopt pursuant to this chapter and the Administrative Procedures Act, 4.1001 A.S.C.A. et seq., rules as are necessary to govern review of any activity, program, project, license, permit, or funding of the United States Government within…

(a) It shall be a violation of this chapter for any person, including corporations, to fill, make deposits on, or in any fashion create or attempt to create, artificial land, or augment or add to the natural shoreline of any coastal area without a land use permit or in violation …

(a) Except as otherwise specifically provided in 24.0508, any person who violates any provision of this chapter or any rules or order issued hereunder is quilty of a civil offense and, upon conviction, shall be subject to a civil fine imposed by the High Court of American Samoa n…

(a) There is established an Environmental Restoration Fund that shall be used to further the monitoring, enforcement, hazard mitigation, and environmental restoration duties of the ASCMP. The fund shall be managed by the Director of Development Planning who shall submit financial…

The Director of Agriculture is authorized to promulgate necessary rules concerning the quar-antine of agricultural products, livestock, poultry, or domestic pets entering American Samoa, for the purpose of preventing entry of injurious insects or diseases. Any rules promulgated p…

The Director of Agriculture or his representative is authorized to conduct inspections and examinations, as necessary, of all persons, vessels and aircraft entering American Samoa from any port outside American Samoa. History: 1972, PL 12-37 § 2.

Notwithstanding 24.0604, any agricultural products, livestock or poultry, or plants or domestic pets brought into American Samoa in violation of the rules of the Director of Agriculture may be confiscated and destroyed by the Director of Agriculture or his authorized representati…

A person, firm or corporation violating a rule adopted by the Director of Agriculture pursuant to 2.0201 is guilty of a class A misdemeanor. History: 1972, PL 12-37 § 3; amd 1980, PL 16-90 § 9. Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal …

As used in this chapter, unless the context otherwise requires, the following meanings apply: (1) “Commission” means the American Samoa Natural Resources Commission. (2) “Endangered species” means any species of fish, plant life, or wildlife which is in danger of extinction throu…

(a) The American Samoa Natural Resources Commission is established. The Commission is comprised of 5 members appointed by the Governor and confirmed by the Legislature, who elect a chairman from their membership. (b) The Commission shall meet periodically, but not less frequently…

The Governor, with the advice of the Director of Agriculture, may declare by regulation any weed or plant growth which endangers or is likely to endanger the agricultural economy of American Samoa to be a noxious weed. History: 1962, PL 7-18.

(a) The District Governor of each district shall, at regular intervals, cause the local govern-ment officials of his district to make careful searches for noxious weeds which may be present in their respective jurisdictions. (b) Any noxious weeds discovered by local government of…

The owners and users of all land in American Samoa shall, immediately upon discovery of such, take steps to destroy noxious weeds present on their land, and the Director of Agriculture may order the user or owner of the land to destroy the weeds and shall instruct the owner or us…

Any person who purposely allows noxious weeds to grow on land owned or used by him, or who refuses to obey any lawful order or instruction of the Director of Agriculture pertaining to noxious weeds, or who interferes with the Director of Agriculture or any person acting under his…

This chapter shall be known as the “American Samoa Soil and Water Conservation District Act”. History: 1991 PL 22-20; amd 1993, PL 23-8.

(a) It is the public policy of this Territory and the purpose of this chapter to promote soil and water conservation by creating a soil and water conservation district to advise on methods of preventing erosion, and protecting and improving water quality. The conservation distric…

As used in this chapter, unless the context clearly requires otherwise: (a) “Administrative district” means the Eastern, Western and Manu’a districts (Swains Island as a part of Manu’a district). (b) “Conservation district” means a governmental subdivision of this Territory, and …