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…

It is the policy of this Territory to promote safety for persons and property in and connected with the use, operation and equipment or vessels and to promote uniformity of law relating thereto. History: 1966, PL 9-35.

As used in this chapter, the following definitions apply unless the context clearly requires otherwise: (a) “Associated equipment” means a system, part, or component of a boat as originally manufactured, or any similar part or component manufactured or sold for replacement, repai…

(a) This chapter applies to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this Territory. (b) This chapter, except those sections where the content expressly indicates otherwise, does not apply to: (1) forei…

(a) The Department of Public Safety may adopt administrative rules under 4.1001 et seq. to implement this chapter with respect to: (1) the numbering and marking of undocumented vessels; (2) requirements for associated equipment; (3) boat and associated equipment standards; (4) op…

(1) A person may request from the Department of Port Administration, vessel numbering and registration information which is retrievable from the vessels numbering system records of the department. When the department is satisfied that the request is reasonable and related to a bo…

For each vessel required to be registered and numbered under this chapter, the Department of Public Safety shall assess and collect from the owner the following fees and charges: (1) Initial annual registration fee. For the issuance of an original certificate; (A) For each vessel…

(a) Every vessel operating on the waters of this Territory must be numbered in accordance with the Federal Boat Safety Act, 46 U.S.C.§ 1451 et seq., 33 CFR Parts 173 & 174, and 46 U.S.C. Chapter 123. (b) No person may operate or give permission to operate any vessel on such water…

A vessel shall not be required to be numbered under this chapter if it is: (1) a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto; (2) already covered by a number in full force and eff…

The owner of any vessel required to be numbered pursuant to 20.0310 must display the number in accordance with the law under which the vessel is registered and proof of the registration must be furnished to the Director of the Department of Port Administration within 30 days of t…

(a) Every vessel shall have aboard such safety equipment as shall be set out in the rules and regulations of the Department of Public Safety. Such safety equipment may consist of, but shall not be limited to, the following: (1) one life preserver, buoyant vest, ring buoy or buoya…

(a) The owner of a vessel livery shall cause to be kept a record of the name and address or persons hiring any vessel designed or permitted by him to be operated as a vessel, the identification number thereof, and the departure date and time, and the expected time of return. The …

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is prohibited, except for motorboats competing in a regatta or …

(a) A person may not use or give permission for the use of any vessel to which this chapter applies, unless the vessel is in compliance with the requirements of this chapter and the appli-cable rules promulgated pursuant to 4.1001 et seq. under the authority of this chapter. (b) …

(a) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers (if any), to render to other persons affected by the collision, accident, or other casualty su…

(a) No person may operate a vessel on any waters of this Territory for towing a person or persons on water skis, a surfboard, or a similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons b…

(a) The Department of Public Safety may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions on any waters of this Territory. (b) It shall adopt, and may from time to time amend, rules concerning the safety of motorboats an…

The owner of a vessel is liable for any injury or damage occasioned by the negligent operation of such vessel whether such negligence consists of a violation of the provisions of the law of this Territory or neglecting to observe such ordinary care and such operation as the rules…

(a) A copy of the regulations adopted pursuant to this chapter, and of any amendments thereto, shall be filed in the office of the Department of Port Administration. (b) Rules shall be published by the Department of Port Administration in a convenient form. History: 1966, PL 9-35…

Members of the police force of the Department of Public Safety, officers and members of the United States Coast Guard stationed in American Samoa, and other persons as provided by the rules of the department of public safety, have authority to enforce the provisions of this chapt…

(a) Any person violating any of the provisions of this chapter, or of the rules and regulations adopted and promulgated pursuant to this chapter, shall be fined not more than $1,000 or imprisoned not more than one year, or both; provided that in addition to, or as a condition to …

No person may directly or indirectly, in respect to the transportation by water of passengers or freight between a port or landing of American Samoa or between islands of American Samoa or between a port of American Samoa and a port of another country: (1) pay or allow, or enter …

(a) For the reason that, as the Legislature finds and determines, the best service being rendered to the people of American Samoa by existing private carriers is inadequate by reason of substandard vessels and insufficient service, the Governor is authorized to purchase, from fun…

The following definitions shall apply in this title: (a) “Berth” means the space occupied by a vessel which is moored or made fast to a wharf, dolphin, or other structure. (b) “Container” means a single rigid, inter-modal dry cargo, insulated refrigerated, flat rack, liquid tank,…

(a) The regulations contained in this chapter shall be observed by masters, owners, and agents of vessels within harbor limits. (b) The Port Director shall have the power to promulgate such additional rules and regulations as may be required for the proper administration of the a…

The berthing of vessels at wharves shall be at the discretion of the Port Director. History: 1962, PL 7-27.

Vessels desiring to anchor, moor, shift berth, or move about the harbor will first obtain permission from the Port Director or his authorized representative who shall charge for such a request a fee of $25. History: 1993 PL 23-2.

Vessels anchored or moored in the harbor shall have their cables ready to veer at all times. History: 1962, PL 7-27.