American Samoa

24.0915 Use of SCUBA gear. Subject to the provisions of section 24.0916 and this section, 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 under subsection (b). In all cases in which such possession or custody is proven, the burden of proof shifts to the person found to be in possession to show that the catch or harvest was taken without using SCUBA gear.

24.0916 Use of SCUBA gear at night. 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) Possession or custody of fish or shellfish (or both) and SCUBA gear by any person when in or on the waters of American Samoa, in vehicle or vessel, or on the shoreline close to fishing locations, during the period commencing one hour after sunset and terminating one hour after sunrise, shall be prima facie evidence that the catch or harvest was taken in violation of this section.

(14) “Fishing” means to take or attempt to take fish or shellfish by any means. This includes, but is not limited to, the use of gear such as hook and line, spears, nets, traps, weirs, and prohibited gears such as dynamite and fish poisons.

24.0940 Licenses. (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. ... (g) Fees for licenses shall be set in the annual proclamation.

24.0911 Taking of fish with explosive. It is unlawful to take or attempt to take fish or shellfish with dynamite or any other explosive. ... 24.0913 Use of Poisonous substances. 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). 24.0914 Use of electrical devices. It is unlawful to take or attempt to take fish or shellfish with any electrical device that operates by shocking with an electrical current.

Possessing or using spearguns, including such devices known as Hawaiian slings, pole spears, arbalettes, pneumatic and spring-loaded spearguns, bows and arrows, bang sticks, or any similar taking device while utilizing SCUBA equipment.

922.104(a)(1): Gathering, taking, breaking, cutting, damaging, destroying, or possessing any giant clam, live coral, bottom formation including live rock and crustose coralline algae. 922.104(a)(2): Possessing or using poisons, electrical charges, explosives, or similar environmentally destructive methods of fishing or harvesting.

Harvesting, catching, removing, taking, injuring, destroying, collecting, moving, possessing or causing the loss of any Sanctuary resource, including but not limited to fishing.

24.1024 Prohibited Acts. The following are prohibited in Village Marine Protected Areas: (a) Any Fishing method not listed as an Approved Fishing Method. (b) Fishing using explosives, poisons, a Bleaching Agent, other noxious or Toxicant substances, Cyanide Fishing, electric shocking devices, SCUBA equipment or hookah equipment ... (e) Taking Fish by Fishing with the aid of any Self-Contained Underwater Breathing Apparatus (SCUBA) gear or any other Underwater Breathing Device except where exempted by the village and DMWR. (f) Using light to attract fish between one hour before sunset and one hour after sunrise. (g) Taking Fish or Shellfish with the use of or aid of a bow and arrow or crossbow and bolt or arrow.