3 NM AS Boundary

Designate the shore to the 3 nautical mile boundary in which regulations of American Samoa apply.

Species of Concern: Multiple

Restrictions

1. It is unlawful to take or attempt to take fish or shellfish with dynamite or any other explosive. A.S.C.A. § 24.0921
2. It is unlawful to place or explode dynamite or any explosive, or cause to be placed or explode dynamite or any explosive in the waters of American Samoa for any reason except as may be authorized by the American Samoa Government pursuant to all applicable regulations and permits. § 24.0922.
3. It is unlawful to take or attempt to take fish or shellfish using any substance that has a poisonous or intoxicating effect on fish or shellfish. These prohibited substances include but are not limited to laundry bleach, quinaldine, insecticides, herbicides, and traditional fish poisons derived from plant and animal materials such as Barringtonia (futu) and Derris (Ava niu kini). A.S.C.A. § 24.0923.
4. It is unlawful to take or attempt to take fish or shellfish with any electrical device that operates by shocking with an electrical current. A.S.C.A. § 24.0924.
5. Fishing using SCUBA gear is lawful except that:
(a) It is unlawful to take, attempt to take, or assist in the taking of fish or shellfish (or both) using SCUBA gear by any means other than by hand or by spear.
(b) It is unlawful to take, attempt to take, or assist in the taking of fish or shellfish (or both) using SCUBA gear where the catch or harvest taken exceeds: (1) Two fish or two shellfish of any legal size or weight, or one fish and one shellfish of any legal size or weight, per diver per day, or (2) The maximum weight of five pounds legal size fish or shellfish in any combination per diver per day, if the quantity of catch or harvest taken is more than two.
(c) It shall be prima facie evidence of a violation of this section for any person when in or on the waters of American Samoa, in any vehicle or vessel, or on the shoreline close to fishing locations, to have in possession SCUBA gear and a catch or harvest which exceeds the limits imposed. A.S.C.A. § 24.0925.
6. It is unlawful to take, attempt to take, or assist in the taking of fish or shellfish (or both) in any quantity using SCUBA gear after sunset and before sunrise. A.S.C.A. § 24.0926.
7. The frame opening for hand or scoop nets shall not exceed three feet in diameter. A.S.C.A. § 24.0928
8. It is unlawful to possess, use or attempt to take fish or shellfish with a cast or throw net with a stretched mesh size less than three quarters of an inch. A.S.C.A. § 24.0929
9. It is unlawful to: (a) Possess, use or attempt to take fish with a gillnet with a stretched mesh size of less than one and one half inches.
(b) Deploy a gillnet or series of continuous gillnets with a combined length in excess of 700 feet.
(c) Deploy a gillnet within fifty feet of another gillnet or weir.
(d) Abandon or discard a gillnet within the waters of American Samoa.
(e) Deploy a gillnet in any location contrary to existing U.S. Coast Guard or Territorial regulations, or cause a hazard to navigation.
(f) Deploy a drift gillnet in the waters of American Samoa.
(g) Deploy a gillnet in water greater than sixty (60) feet deep.
(h) Gillnets must be checked at least every three hours and cleared of fish and debris. A.S.C.A. § 24.0930.
10. Seines, surround nets and drag nets must have a stretched mesh size of at least one and one half (1.5) inches. This restriction shall not apply to the construction or use of traditional surround nets (lau) made from materials. A.S.C.A. § 24.0931.
11. (a) Fish and shellfish traps shall not exceed six (6.0) feet in any linear dimension i.e. length, width, height or diameter.
(b) All fish and shellfish traps must be checked and emptied at least every twenty four (24) hours.
(c) It is unlawful to deploy a fish or shellfish trap in any location where the trap, line or marker floats may pose a hazard to navigation.
(d) It is unlawful to abandon or discard a fish or shellfish trap in the waters of American Samoa.
(e) A permit is required from the department for the use of any fish or shellfish trap(s) used commercially. A.S.C.A. § 24.0933.
12. It is unlawful to willfully damage coral during fishing operations. A.S.C.A. § 24.0936.
13. It is unlawful to willfully damage or destroy fish habitat at any time unless authorized by the American Samoa Government pursuant to all applicable permits and regulations. A.S.C.A. § 24.0937.
14. (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. A.S.C.A. § 24.0951.
15. (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 operations in accordance with 24.0939.
(b) It shall be unlawful to sell, offer for sale, or possess for sale or export any quantity of live rock harvested from the waters of American Samoa, except pursuant to a valid mariculture permit. A.S.C.A. § 24.0952.
16. (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 with meat still attached to the shell to facilitate the measuring of these clams.
(c) Tridacnid clams taken for personal consumption must remain whole condition until they reach the fisherman’s home or the place of consumption so that they may be measured.
(d) These restrictions shall not apply to clams raised in captivity providing the following: (1) The clam farmer possess a valid aquaculture permit from the department; and (2) The possess can demonstrate that the clam was raised in captivity. A.S.C.A. § 24.0953.
17. 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. A.S.C.A. § 24.0954.
18. (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. A.S.C.A. § 24.0955.
19. (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, offer for sale, import or export any coconut crab that measures less than three (3.0) inches across the widest portion of the back.
(d) These regulations will apply to coconut crabs found throughout the Territory including land areas. A.S.C.A. § 24.0956.
20. (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. A.S.C.A. § 24.0957.
21. (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 the leading edge of the carapace between the horns to the rear edge of the carapace.
(c) Lobsters taken, imported, sold or offered for sale must be whole to facilitate the measuring of these lobsters. A.S.C.A. § 24.0958.
22. 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,
(2) Take any such species in American Samoa, and
(3) Possess, deliver, carry, transport or ship by any means whatsoever any such species or the body parts of any such species. A.S.C.A. § 24.0959.
23. 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 any marine mammal. A.S.C.A. § 24.0960.
24. (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 American Samoa.
(b) If any shark is caught or captured, it shall be immediately released, whether dead or alive. If the shark is captured alive, it shall be released in a manner that affords it the greatest opportunity for survival.
(c) It is not a defense that the shark was caught or captured inadvertently, as bycatch, or from another fishery.
(d) For purposes of this section, there shall be a rebuttable presumption that any shark, or part of a shark, found in possession was possessed or transferred in violation of the law.
(e) Notwithstanding, any person who holds a permit issued by the Department of Marine and Wildlife Resources to conduct scientific research shall not be subject to the penalties of this section. A.S.C.A. § 24.0961.
25. (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 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 American Samoa.
(c) If any Humphead Wrasse is caught or captured, it shall be immediately released, whether dead or alive. If the Humphead Wrasse is captured alive, it shall be released in a manner that affords it the greatest opportunity for survival.
(d) It is not a defense that the Humphead Wrasse was caught or captured inadvertently, as bycatch, or from another fishery.
(e) For purposes of this section, there shall be a rebuttable presumption that any Humphead Wrasse, or part of a Humphead Wrasse, found in possession was possessed or transferred in violation of this section.
(f) Notwithstanding subsection (a), any person who holds a permit issued by the Department of Marine and Wildlife Resources to conduct scientific research shall not be subject to the penalties of this section. A.S.C.A. § 24.0962
26. (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 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 American Samoa.
(c) If any Bumphead parrotfish is caught or captured, it shall be immediately released, whether dead or alive. If the Bumphead parrotfish is captured alive, it shall be released in a manner that affords it the greatest opportunity for survival.
(d) It is not a defense that the Bumphead parrotfish was caught or captured inadvertently, as bycatch, or from another fishery.
(e) For purposes of this section, there shall be a rebuttable presumption that any Bumphead parrotfish, or part of a Bumphead parrotfish, found in possession was possessed or transferred in violation of this section.
(f) Notwithstanding subsection (a), any person who holds a permit issued by the Department of Marine and Wildlife Resources to conduct scientific research shall not be subject to the penalties of this section. A.S.C.A. § 24.0963.
27. (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 or offer for sale any such species or body parts of such species; or
(3) Take or kill any such species in American Samoa.
(c) If any Giant grouper is caught or captured, it shall be immediately released, whether dead or alive. If the Giant grouper is captured alive, it shall be released in a manner that affords it the greatest opportunity for survival.
(d) It is not a defense that the Giant grouper was caught or captured inadvertently, as bycatch, or from another fishery.
(e) For purposes of this section, there shall be a rebuttable presumption that any Giant grouper, or part of a Giant grouper, found in possession was possessed or transferred in violation of this section.
(f) Notwithstanding, any person who holds a permit issued by the Department of Marine and Wildlife Resources to conduct scientific research shall not be subject to the penalties of this section. A.S.C.A. § 24.0964.
28. (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 residency or citizenship, and
(3) Show proof of previous fishing experience.
(b) License applications shall be submitted to the director on forms supplied by the department.
(c) A recreational fishing license may be required for fishermen engaging in subsistence or recreational fishing activities. Requirements for the license shall be detailed in the annual proclamation.
(d) A license shall be issued or renewed upon approval of the application form and payment of the required Act.
(e) The director or his designees may suspend or revoke any license for violation of any regulation under this chapter pursuant to the Administrative Procedures Act.
(f) The director may disapprove the application of any required license if in his opinion the issuance of the license would be contrary to 24.0304(1) A.S.C.A. which mandates the department to manage, protect, preserve and perpetuate the marine and wildlife resources in the Territory. A.S.C.A. § 24.0981.
29. (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, float, net, etc. to any department FAD, unless approved by the director.
(c) It is unlawful to obstruct or intentionally hinder another vessel from fishing in the area of the department FAD.
(d) It is unlawful to tamper with any portion of the department FAD. A.S.C.A. § 24.0985.
30. (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.” A.S.C.A. § 24.0986.

Allowed

All removal of marine life must conform to local, state, regional and federal regulations. American Samoa Code Annotated, Title 24, Chapter 09 – Fishing. First, look up the region and then the species of interest. These regulations detail the license, permits and reporting required. They specify the seasons, vessel type, method of capture, gear type and bait allowed, size and catch limits (including bycatch). These guidelines are not comprehensive: users are responsible for reading the regulations, and for their own compliance with the law. Commercial fishermen need to comply with Commercial Regulations; Sport fishermen need to comply with Sportfishing regulations.