HARBORS AND NAVIGATION
Chapters:
01 (Reserved)
02 Marine
Inspection, Certification, License
05-10 (Reserved)
13 Pratique
14 Pilotage
Chapter
01
(RESERVED)
Chapter
02
Sections:
20.0201 Purpose.
20.0202 Definitions.
20.0203 Board-Creation-Membership.
20.0204 Board-Powers-Duties.
20.0205 Procedures of board.
20.0210 Inspections.
20.0211 Adoption of rules
incorporating safety inspection procedures.
20.0212 Certificates-Issuance or refusal.
20.0213 Certificate
of inspection or registry-Grounds for refusal, revocation, suspension, or
limitation.
20.0214 Certificates-Location-Produced
on demand.
20.0215 Location
and contents of certificates of registry.
20.0216 Boilers
and pressure vessels and stationary or marine engines.
20.0217 Tramways and aerial cables.
20.0220 Change of vessel’s name.
20.0221 Report of change of ownership or interest.
20.0222 Marking of vessel.
20.0230 Licensure of masters, pilots, and engineers.
20.0231 License-Grounds for refusal, revocation, suspension, or
limitation.
20.0232 License-Fees.
20.0241 Summary suspensions of license or certificate.
20.0242 Summary fines.
20.0243 Retention of vessel for
inspection regarding suspected violations.
20.0250 Violation-Penalty.
20.0201 Purpose.
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 traffic
in American Samoa and adjacent waters; to promote the public health, safety and
general welfare by preventing unfair competition by and between vessels
operating in American Samoa; to provide for fair and uniform rates, procedures,
and regulations dealing with vessels operating in interisland and coastwise
shipping in American Samoa and adjacent waters.
History: 1971, PL 12-34 § 2.
20.0202 Definitions.
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.
20.0203 Board-Creation-Membership.
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
History: 1971, PL 12-34
§ 4; amd 1978, PL 15-68 § 1.
Amendment: 1978
Added sentence relating to superintendence of Board over boilers and pressure
vessels, tramways, aerial cables and stationary or marine engines.
20.0204 Board-Powers-Duties.
(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 necessary by the Board;
(3) maintain
records of Board proceedings and preserve copies of documents issued under this
chapter;
(4) make all
necessary inspections of vessels, boilers, and pressure vessels, tramways,
aerial cables, and all stationary or marine engines in furtherance of the
provisions of this chapter;
(5) promulgate
rules necessary to effectuate the purposes of this chapter;
(6) hold hearings,
compel attendance of witnesses order the production of documents and other
tangible evidence and administer oaths; and
(7) refuse to
issue, and revoke, suspend, limit or modify, a register, certificate of
inspection or license provided for in this chapter.
(b) Subject
to the provisions of this chapter the Board shall require an owner of a vessel
engaged in commercial marine transportation for interisland travel to carry
public liability insurance covering cargo and passengers in an adequate amount
as determined by the Board.
History: 1971,
PL 12-34 § 5; 1971, PL 12-63 § 1;amd 1978, PL 15-68 § 2; amd 1981, PL 17-15 §
3.
Amendment: 1978 Paragraph (4): added boilers and pressure vessels, tramways, aerial
cables, and all stationary or marine engines”.
20.0205 Procedures of Board.
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.
20.0210 Inspections.
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 as the
Board shall deem necessary.
History: 1971,
PL 12-34 § 7.
20.0211 Adoption
of rules incorporating safety inspection procedures.
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 with
the manufacturer for appropriate inspection according to recognized industry
standards.
History: 1978, PL 15-68 § 5.
20.0212 Certificates-Issuance
or refusal.
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.
20.0213 Certificate of inspection or
registry-Grounds for refusal, revocation, suspension, or limitation.
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 the Board adopted in furtherance of the purpose of this chapter;
(2) fraud or misrepresentation in obtaining a
registry or certificate of inspection;
(3) refusal to permit inspection subsequent to a
change of the physical conditions of the vessel.
History: 1971, PL 12-34 § 13.
20.0214 Certificates-Location-Produced on demand.
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.
20.0215 Location
and contents of certificate of registry.
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;
(4) vessel’s home
port;
(5) gross and net
tonnage of vessel;
(6) type of vessel
and appropriate ship measurements;
(7) the name of
the liability insurance carrier and the amount of insurance;
(8) any
other information determined necessary by the Board.
History: 1971,
PL 12-34 § 6; 1971, PL 12-63 § 2.
20.0216 Boilers
and pressure vessels and stationary or marine engines.
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, pressure vessel or stationary or marine engine
with identifying data to match the boiler or pressure vessel with the
inspection certificate;
(2) the date of
all inspections and the name of the inspector; after 5 entries in a certificate
a new form may be used, the old certificate to be retained by the owner of the
boiler or pressure vessel in stationary or marine engine for at least 5 years:
(3) any other
information determined necessary by the Board.
History: 1978, PL 15-68 § 3.
20.0217 Tramways and aerial cables.
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 the
Board may prescribe by rule. Operation of a tramway without a valid inspection
certificate showing inspection within 1 year is prohibited.
History: 1978, PL 15-68 § 4.
20.0220 Change of vessel’s name.
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.
20.0221 Report
of change of ownership or interest.
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.
20.0222 Marking of vessel.
(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 hull;
(5) official
number and net tonnage on the vessel’s main beam;
(6) any other
markings determined, necessary by the Board in furtherance of this chapter.
(b) All markings shall be
in block letters and numerals not less than 4 inches in height, except for
draft markings, which shall be 6 inches in height. The markings shall be of a
color which will contrast with the color of the hull so as to be distinctly
visible and legible.
History: 1971,
PL 12-34 § 10.
20.0230 Licensure
of masters, pilots, and engineers.
(a) All
persons operating or performing technical duties on vessels engaged in
coastwise or interisland traffic in
(b) Nothing
in this section may be construed to limit or restrict the board’s authority
to ascertain whether or not foreign vessels entering the Pago Pago Harbor and
canning goods or people to or from American Samoa have been licensed by a
comparable board of the port of their origin and that the vessel’s safety
precautions and equipment meet the standards as promulgated by this chapter and
duly authorized rules relating thereto.
History: 1971,
PL 12-34 § 11.
Case Notes:
Creates duty to provide
licensed crew for ship, breach of which constitutes negligence per se; recovery
allowed. Tialigo v. Steffany, ASR 1976.
20.0231 License-Grounds
for refusal, revocation, suspension, or limitation.
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) breach of duty
tending to endanger life or property;
(3) being under
the influence of intoxicating liquor or drugs while actually performing
required duties on a vessel;
(4) hindering,
delaying or interfering with the Board or its authorized representative in the
performance of his duties under this chapter;
(5) refusal to
admit the Board or its authorized representative on board the vessel while
performing duties under this chapter:
(6) willful and
deliberate violation of any of the provisions of this chapter or any of the
rules and regulations promulgated by the Board;
(7) failure to comply
with any qualification or requirement provided in this chapter or any
regulation promulgated under this chapter.
History: 1971, PL 12-34 § 12.
20.0232 License-Fees.
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.
Research
Guide: see 27.024 3 for
administration and enforcement of this section.
20.0241 Summary
suspensions of license or certificate.
(a) The protection
of the safety and welfare of persons and goods transported on vessels
registered in
(b) Any suspension
under this section shall be in effect until such remedial action is taken by
the persons or vessel affected as is necessary under the circumstances and
until the suspension is lifted, or until a hearing for a permanent revocation
is conducted and an order issued.
History: 1971,
PL 12-34 § 14.
20.0242 Summary fines.
(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 person or per 200 pounds of overload.
(b) Any person or
vessel fined under this section may appeal the payment of the fine by filing a
petition in the High Court of American Samoa, trial division, where the matter
will be tried.
History: 1971,
PL 12-34 § 15.
20.0243 Retention
of vessel for inspection regarding suspected violations.
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
History: 1971, PL
12-34 § 16.
20.0250 Violation-Penalty.
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
Amended to conform with penalties provided for in Title 46, Criminal Justice.
BOAT OPERATIONS
Sections:
20.0301 Policy.
20.0302 Definitions.
20.0303 Applicability.
20.0304 Administrative rules.
20.0305 Release of information.
20.0306 Fees.
20.0310 Numbering of
vessels-Required.
20.0311 Numbering of
vessels-Exemptions.
20.0312 Identification number.
20.0320 Safety equipment required.
20.0321 Vessel liveries-Records
and safety equipment.
20.0322 Mufflers
on motorboats.
20.0330 Operation
of motorboats or vessels.
20.0331 Duties
of persons involved in accidents.
20.0332 Towing
water skiers and surfers-Regulations.
20.0333 Regattas,
races, marine parades, tournaments, and exhibitions.
20.0340 Civil
liability of vessel owners.
20.0341 Filing
and publication of regulations.
20.0342 Enforcement
of chapter.
20.0343 Violation-Penalty.
20.0301 Policy.
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.
20.0302 Definitions.
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, repair, or improvement of the system, part, or component; an
accessory or equipment for, or appurtenance to, a boat; or a marine safety
article, accessory, or equipment intended for use by a person on board a boat,
excluding radio equipment.
(b) “Boat” means a
vessel which is manufactured or used primarily for noncommercial use; leased,
rented or chartered to another for non-commercial use; or engaged in the
carrying of not more than 6 passengers.
(c) “Vessel
livery” means a business which holds a vessel for renting, leasing, or
chartering.
(d) “Lifeboat”
means a small boat designated and used solely for lifesaving purposes, and does
not include dinghies, tenders, speedboats, or other types of craft carried
aboard vessels and used for other than lifesaving purposes.
(e) “Manufacturer”
means a person engaged in the manufacture, construction, or assembly of boats
or associated equipment to be sold for subsequent assembly; or the importation
of a boat or associated equipment into the state for sale.
(f) “Motorboat”
means any vessel of any size propelled by machinery whether or not the machinery
is the prinicipal source of propulsion.
(g) “Operate”
means to navigate or otherwise use a vessel.
(h) “Operator”
means the person who is in control or in charge of a vessel while it is in use.
(i) “Owner” means
a person, other than a lienholder, having the property in or title to a vessel,
and includes a person entitled to the use or possession of a vessel subject to
an interest in another person, reserved or created by agreement and securing
payment or performance of an obligation, but excludes a lessee under a lease
not intended as security.
(j) “Passenger”
means a person carried on board a vessel other than the owner or his
representative, the operator, bona fide members of the crew engaged in the
business of the vessel who have not contributed consideration for their carriage and who are
paid for their services, or a guest on board a vessel which is being used
exclusively for pleasure purposes who has not contributed any consideration,
directly or indirectly, for his carriage.
(k) “Person” means
an individual, partnership, firm, corporation, association or other entity.
(l) “State”
means a state of the
(m) “Undocumented
vessel” means a vessel which does not have and is not required to have a valid
marine document as a vessel of the
(n) “Use” means to
operate, navigate, or employ.
(o) “Vessel” means
every description of watercraft other than a seaplane on the water, used or
capable of being used as a means of transportation on water, but does not
include Samoan fishing canoes or rowboats propelled by hand.
(p) “Waters of
this Territory” means any waters within the Territorial limits of this
Territory, marginal sea adjacent to this Territory, and the high seas when
navigated as a part of a journey or ride to or from the shore of this
Territory.
History: 1966,
PL 9-35, 1981, PL 17-2 § 1; amd 1983, PL
18-19 § 1.
Case Notes:
Person holding title to
ship is owner for purpose of responding to damages resulting from ship’s
sinking. Tialigo v. Steffany, ASR (1976).
Amendments: 1983 Section amended generally.
20.0303 Applicability.
(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) foreign
vessels temporarily using waters subject to Territory jurisdiction;
(2) military or
public vessels of the
(3) a vessel whose
owner is a state or subdivision of it, other than this Territory, which is
used principally for governmental purposes, and which is clearly identifiable
as such; and
(4) ships’
lifeboats.
History: 1983, PL 18-19 § 2.
20.0304 Administrative rules.
(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) operating
requirements:
(5) boating safety
education; and
(6)
safety patrol and enforcement activity.
(7)
violations of provisions of these chapters.
(b) The Department
of Public Safety shall adopt administrative rules under 4.1001 et seq.
necessary to require all vessels, including those exempted from other sections
of this chapter, to comply with uniform reporting and investigation of
standards of casualties and accidents.
History: 1983,
PL 18-19 § 3; amd 1993, PL 23-9.
20.0305 Release of information.
(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 boating safety purpose, the
information must be furnished upon payment of the person of the cost of retrieval
and furnishing of the information requested.
(2) Boating
accident reports required under the authority of this chapter are not public
records available for public inspection or release. The fact that these reports
have been made is admissible in evidence solely to show compliance with this
chapter. A report, its parts, and any statement contained in the report is not
admissible as evidence for any purpose in any civil or criminal trial.
(3) Boating
accident reports and any information compiled therefrom may be released to the
law enforcement agencies and officials of the United States Coast Guard for
analytical and statistical purposes.
History: 1983,
PL 18-19 § 4.
20.0306
Fees.
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 less than twenty feet in length, $10.00;
(B) For
each vessel twenty feet or more in length, $20.00;
(C) For
each amphibious vehicle that is licensed as a motor vehicles, $10.00;
(2) Annual
certificate renewal fee. For the annual
renewal of a certificate:
(A) For
each vessel less than twenty feet in length, $5.00;
(B) For
each vessel twenty feet or more in length, $10.00;
(C) For
each amphibious vehicle that is licensed as a motor vehicle, $5.00;
(3) Reregistration
fee for the reregistration of a vessel, after a certificate has been canceled
or voided, the appropriate amount provided in (1)(A) or (B) of this section.
(4) Transfer
fee. For the transfer of a certificate,
$5.00;
(5) Certificate
and registration sticker replacement fee.
For the issuance of a replacement certificate or a replacement set of
vessel registration stickers, $10.00;
(6) Certificate
modification fee. For modifying a
certificate, $5.00;
(7) Penalty
charges for lateness. For each month or
fraction thereof that a registration, renewal, reregistration or transfer is
delinquent, one tenth of the appropriate fee shall be added to the normal fee;
(8) Exemptions. The department may reasonably establish, by
rules, exemptions from the fees required by this section.
(9) The
above fees and charges may be modified after every 5 years. The department of public safety shall
initiate the modification of fees and charges under this chapter.
History: 1993, PL 23-9.
20.0310 Numbering
of vessels-Required.
(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 waters unless the vessel is numbered in accordance
with this chapter, or in accordance with a federally approved numbering system
within a state, and unless (1) a certificate of number awarded to such vessel
is in full force and effect, and (2) the identifying number set forth in the
certificate of number is displayed on each side of the bow of the vessel. This
section does not apply to a vessel which has a valid marine document issued by
the Bureau of Customs of the United States Government or any federal agency
successive thereto.
(c) The owner of any vessel is required to
register every year upon expiration of the certificate of numbers on December
31 with the department of public safety.
This section does not apply to a vessel which has a valid marine
document issued by the Bureau of Customs of the United States Government or any
federal agency successive thereto.
(d) Each person
using a vessel to which this part applies shall present the certificate of
number and shall surrender the certificate in a manner prescribed by the
issuing authority within 15 days after it becomes invalid under the following
circumstances;
(1)
The person whose name appears on the certificate
of number as owner of the vessel transfers all of his ownership of the vessel;
(2)
The vessel is destroyed or abandoned;
(3)
A certificate of number issued authority is
invalid if:
(A)
The application for the certificate of number
contains a false or untrue statement;
(B)
The fees for the issuance of the certificate of
number are not paid;
(C) A
certificate of number is invalid 60 days after the day on which the vessel is
no longer principally used in the territorial waters of
(a) The certificate of number is invalid when the
person whose name appears on the certificate involuntarily loses his interest
in the numbered vessel by legal process.
(b) If a certificate of number is lost or
destroyed, the person whose names appears on the certificate as the owner may
apply for a duplicate certificate by submitting to the issuing authority an
application on forms supplied by the issuing authority. Payment of a fee charged for the reissuance
must be made before the certificate is issued.
(c) A temporary certificate is valid for not more
than 60 days after it is issued by the issuing authority pending the issuance
of a certificate of number. A temporary
certificate is not valid after the date that the owner receives the official
certificate of number from the issuing authority.
(d) Each form for application for a certificate
of number must contain the following information:
(1)
Name of
owner of vessel;
(2)
Address of the owner;
(3)
State in which vessel is or will be principally
used;
(4)
The number previously issued by an authority for
the vessel, if any;
(5)
Whether the application is for a number, renewal
of number, or transfer of ownership;
(6) Whether
the vessel is used for pleasure, rent or lease, dealer or manufacturer
demonstration, commercial passenger carrying, commercial fishing, or other
commercial use;
(7)
Year vessel was manufactured or model year;
(8)
Manufacturer's hull identification number, if
any;
(9)
Overall length of vessel;
(10) Type
of vessel (open, cabin, house, or other);
(11) Whether
the hull is wood, steel, aluminum, fiberglass, plastic or other;
(12) Whether
the propulsion is inboard, inboard outdrive, sail or other;
(13) Whether
the fuel is gasoline, diesel, or other;
(14) The
signature of owner;
(b)Each certificate of number
must contain the following information;
(1)
Number issued to the vessel;
(2)
Expiration date of certificate;
(3)
State of principal use;
(4)
Whether the vessel is used for pleasure, rent or
lease, dealer or manufacturer demonstration, commercial passenger carrying,
commercial fishing or other commercial use;
(5) Address
of owner, including zip code;
(6) Manufacturer's
hull identification number if any;
(7) Make
of vessel;
(8) Year
vessel was manufactured;
(9) Overall
length of vessel;
(10) Whether
the vessel is an open boat, cabin cruiser, houseboat, or other type;
(11)
(12) Whether
the propulsion is inboard, outboard, inboard outboard drive, or sail;
(13) Whether
the fuel is gasoline or diesel or other.
History: 1966,
PL 9-35; 1973, PL 13-7 § 1; amd 1993, PL 23-9.
Amendment: 1973 Amended section generally.
20.0311 Numbering
of vessels-Exemptions.
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 effect which has been awarded to it
pursuant to federal law or a federally approved numbering system of another
state; provided, that such vessel shall not have been within this Territory for
a period in excess of 90 consecutive days;
(3) a
vessel from a country other than the
(4) a
vessel owned by the United States, the Government of American Samoa, a state or
a subdivision thereof;
(5) a
ship’s lifeboat:
(6) a
vessel belonging to a class of vessels exempted from numbering by the
department of port administration after said department has found that the numbering
of vessels of such class will not materially aid in their identification; and,
if an agency of the Federal Government has a numbering system applicable to
the class of vessels to which the vessel in question belongs, after the
Department of Port Administration has further found that the vessel would also
be exempt from numbering if it were subject to the federal law.
History: 1966, PL
9-35.
20.0312 Identification number.
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 the
registration of the vessel and as of 30 January of each year thereafter.
History: 1973,
PL 13-7 § 2.
20.0320 Safety equipment required.
(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 buoyant cushion, of a type approved
by the Commandant of the United States Coast Guard and in good and serviceable
condition, for each person on board;
(2)
when in operation between sunset and sunrise, a
light or lights, sufficient as determined by the Director of Public Safety, to
make the vessel’s presence and location known to any and all other vessels
within a reasonable distance;
(3)
each vessel shall have a backfire flame arrester;
one approved device on each carburetor of all gasoline engines except outboard
motors;
(4) if
carrying or using any inflammable or toxic fluid in an enclosure for any
purpose, and if not an entirely open vessel, an efficient natural or mechanical
ventilation system, which shall be capable of removing resulting gases prior
to, and during, the time such vessel is occupied by a person; when no fixed
extinguishing system is installed in machinery spaces, at least one B-1 type approved
hand portable fire extinguisher;
(5) each
additional equipment designed to promote the safety of navigation and of
persons as the Department of Public Safety may find to be appropriate and for
which it has provided in its rules and regulations.
(b)
Vessels of the following types should have the
following distress signal devices:
(1)
Vessels 16 feet in length should have the
following distress signal devices:
(A) Pyrotechnic
red flares, hand held or aerial;
(B) Pyrotechnic
orange smoke, hand held or floating;
(C) Launchers
for aerial red meters or parachute flares;
(D) Orange
distress flag;
(E)
Electric distress light;
(2)
Vessels 16 feet to less than 26 feet in length
shall have the following devices and distress signal devices:
(A) One
life jacket or personal floatation device (PFD) for each person on board;
(B) Back-fire
flame arrester;
(C) Portable/Fire
extinguisher;
(D) Three
hand-held red flares for day and night use;
(E) One
electric distress light for night;
(F) One
hand-held red flare and two parachute flares for day and night use;
(G) One
hand-held smoke signal, two floating orange smoke signals and one electric
distress light for day and night use;
(3)
Vessels 26 feet to less than 40 feet in length
shall have the following devices and distress signal devices;
(A) One
life jacket or PFD for each person on board;
(B)
Back-fire flame arrester;
(C) Portable/Fire
extinguisher, at least two B-1 Type approved hand portable fire extinguishers;
or at least two B-1 Type approved portable fire extinguishers or at least one
B-11 Type approved;
(D) Three
hand-held red flares;
(E)
One electric distress light;
(F) One
hand-held red flare and two parachute flares for day and night use;
(G) One
hand-held smoke signal, two floating orange smoke signals and one electric
distress light for day and night;
(H) No
person may operate a boat built after
(c) At least two
ventilating ducts fitted with cowls or their equivalent for the purposes of
properly and efficiently ventilating the bilges of every engine and fuel tank
compartment. There shall be at least one
exhaust duct installed so as to extend to the lower portion of the bilge.
(ii)
For boats which are built after July 31, 1978,
but prior to August 1, 1980, there is no requirement for ventilation of the
fuel tank compartment if there is no electrical source in the compartment and
if the fuel tank vents to the outside of the boat. The operator of a vessel is required to keep
the system in operating condition;
(iii)
Visual distress signal requirements shall be the
same as for vessels 26 feet to 40 feet in length.
(4) Vessels
between 40 feet and 65 feet in length shall have the following devices and
distress signal devices:
(A) One
life jacket or PFD for each person on board and one type IV PFD;
(B) Back-fire
flame arrester requirement is same as for 26 feet to 40 feet vessels stated
above;
(C) Ventilation
requirements is the same as those of 26 feet to 40 feet vessels;
(D) Portable/Fire
extinguisher shall be at least three B-1 Type approved portable fire
extinguishers; when an approved fixed system is installed, one less B-1 Type is
required.
(E) Visual
distress signal is same as for vessels 26 to 40 feet in length.
(c)
No person may operate or give permission for the
operation of a vessel which is not required by this section or modification
thereof.
(d)
The Refuse Act of 1899 prohibits the throwing,
discharging or deposing of any refuse matter or any refuse matter of any kind
(including trash, garbage, oil and other liquid pollutants into the waters of
the
(1)
no person may operate a vessel of less than 100
gross tons unless it has a fixed or portable means to discharge oil bilge slop
to a reception facility. A bucket or
bailer is considered a portable means.
(2)
Vessels 26 feet in length and over must have
posted a placard at least 5 by 8 inches, made of durable material, fixed
in a conspicuous place in the machinery spaces, or at the bilge pump control
station, stating the following:
"THE DISCHARGE OF OIL PROHIBITED - THE FEDERAL WATER POLLUTION
CONTROL ACT, PROHIBITS THE DISCHARGE OF OIL OR OILY WASTE INTO OR UPON THE
NAVIGABLE WATERS OF THE UNITED STATES OR WATERS OF THE CONTIGUOUS ZONE, IF SUCH
DISCHARGE CAUSES A FILM OR SHEEN UPON, OR DISCOLORATION OF THE SURFACE OF THE
WATER, OR CAUSES A SLUDGE OR EMULSION BENEATH THE SURFACE OF THE WATER. VIOLATORS ARE SUBJECT TO A PENALTY OF $5,000.
(e)
Marine sanitation devices.
All recreational boats with installed toilet facilities
must have an installed operable marine sanitation device (MSD). Boats under 65 feet in length may use a Type
I, II or III MSD. All installed MSD's
must be Coast Guard certified devices and are so labeled except for holding
tanks, which are already certified by definition under the regulation, if they
store only sewage and flushwater at ambient air pressure and temperature.
(f)
Ventilation requirements.
The purpose of the ventilation requirements is to
prevent fires and explosions aboard gasoline powered pleasure boats by
ventilating compartments which contain fuel vapors.
(1)
All motorboats or motor vessels, except open
boats, and as provided in paragraphs (d) and (e) of this section, the
construction or decking over of which is commenced after April 25, 1940, and
which use fuel having a flash point of 110° F or less, shall have at least two
ventilator ducts, fitted with cowls or their equivalent for the efficient
removal of explosive or flammable gases from the bilges of every engine and
fuel tank compartment. There shall be at
least one exhaust duct installed so as to extend from the open atmosphere to
the lower portion of the bilge and at least one intake bilge below the level of
the carburetor air intake. The cowls
shall be located and trimmed for maximum effectiveness so as to prevent
displaced fumes from being circulated.
(2) The term
"open boats", means those motor boats or motor vessels with all
engine and fuel tank compartments, and other spaces to which explosive or
flammable gases and vapors from these compartments may flow, open to the
atmosphere and so arranged as to prevent the entrapment of such gases and
vapors within the vessel.
(3) Where
alterations are needed for existing motorboats or motor vessels to comply with
the requirements in this section, such alterations shall be accomplished as
soon as practical but in any case shall be completed within six weeks of
notification of discrepancy.
(4) Boats
built after
(A)
Contain a permanently installed fuel tank if each electrical component
is ignition protected:
(B)
Contain fuel tanks that vent to the outside of the boat;
(1) The
current criteria for determination of an open compartment is that three
conditions must be met in order to consider an engine or fuel compartment open
to the atmosphere and therefore exempt from federal ventilation
requirements. These three conditions
are:
(A) Engine
and fuel tank compartments shall have as a minimum 25 square inches of open
area directly exposed to the atmosphere for each cubic foot of net compartment
volume;
(B) There must be no long or narrow unventilated
spaces accessible from such compartments in which a flame front could
propagate;
(C) Long narrow compartments such as side panels
if joining engine or fuel compartments and not serving as ducts thereto, shall
have at least 15 square inch openings at 15 inch intervals along the length of
the compartment formed. No person may
operate a boat built after
History: 1966,
PL 9-35; amd 1993, PL 23-9.
20.0321 Vessel
liveries-Records and safety equipment.
(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 record shall be preserved for at least 6 months.
(b) Neither
the owner of the vessel livery, or his agent or employee, may permit any vessel
designed or permitted by him to be operated as a vessel to depart from his
premises unless it has been provided, either by owner or renter, with the
equipment required pursuant to 20.0320 and any rules and regulations made
pursuant thereto.
History: 1966,
PL 9-35.
20.0322 Mufflers on motorboats.
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 boat
race approved as provided in 20.0333 and for such motorboats while on trial
runs, during a period not to exceed 48 hours immediately preceding such regatta
or race, and for such motorboats while competing in official trials for speed
records during a period not to exceed 48 hours immediately following such
regatta or race.
History: 1966,
PL 9-35.
20.0330 Operation
of motorboats or vessels.
(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 applicable rules promulgated pursuant to 4.1001 et seq.
under the authority of this chapter.
(b) A
person may not operate a motorboat or vessel, or manipulate any water skis,
surfboard, or similar device:
(1) in a
reckless or negligent manner so as to endanger the life or property of any
person; or
(2) while
under the influence of alcohol or any narcotic drug.
(c) A
person may not operate any vessel in excessive speed which tends to create a
dangerous wake causing other boats in the vicinity to ship water, lose
equipment, or in other ways receive damage or threaten the safety of persons in
nearby boats.
(d)
A person may not operate any vessel within an
area where swimmers are normally present or in areas that are marked by warning
signs, posters, buoys, or other means to inform the public of the hazard
present.
(e)
A person may not operate any vessel in an area
where a regatta or marine parade is in progress in a way that could create
hazard to participants or spectators, or interfere with the safe conduct of the
event or otherwise cause an unreasonable nuisance.
History: 1966,
PL 9-35;amd 1983, PL 18-19 § 5; amd 1993, PL 23-9.
Research
Guide: Operation of boat while
under the influence, see 22.0707.
Amendments: 1983 Subsection (a) added to require vessel compliance.
20.0331 Duties
of persons involved in accidents.
(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 such assistance as may be
practicable and as may be necessary in order to save them from or minimize any
danger caused by the collision, accident or other casualty, and also to give
his name, address, and identification of his-vessel in writing to any person injured
and to the owner of any property damaged in the collision, accident, or other
casualty.
(b)
If the collision, accident, or other casualty
results in death or injury to a person or damage to property in excess of $100,
the operators of the vessels involved shall file with the department of public
safety a complete report of the collision, accident, or other casualty on forms
approved by the department of public safety.
Such report shall be submitted within 48 hours after the
occurrence. Where a person dies or is
lost at sea or where a person is injured that requires medical treatment beyond
first aid, the report shall be filed within 24 hours of the occurrence.
(c)
When, as a result of an occurrence that involves
a vessel, the operator or any person on
board the vessel shall, without delay, by the quickest means available notify
the department of public safety, marine enforcement division of the following:
(1)
the date, time, and exact location of the
occurrence;
(2)
the name of each person who died or disappeared;
(3)
the number of and name of the vessel; and
(4)
the names and addresses of the owner and
operator.
History: 1966,
PL 9-35; amd 1993, PL 23-9.
20.0332 Towing
water skiers and surfers- Regulations.
(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 being towed.
(b) No
person may operate a vessel on any waters of this Territory towing a person or
persons on water skis, a surfboard, or a similar activity, at any time between
the hours from one hour after sunset to one hour before sunrise.
(c) Subsections
(a) and (b) do not apply to a performer engaged in a professional exhibition or
a person or persons engaged in an activity authorized under 20.0333.
(d) No
person may operate or manipulate any vessel, tow, rope, or other device by
which the direction or location of water skis, a surfboard or a similar device
may be affected or controlled in such a way as to cause the water skis,
surfboard, similar device, or any person thereon to collide with or strike
against any object or person.
History: 1966, PL
9-35.
20.0333 Regattas,
races, marine parades, tournaments, and exhibitions.
(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 and other vessels and persons thereon, either observers or
participants.
(c) Whenever
a regatta, motorboat or other vessel race, marine parade, tournament or
exhibition is proposed to be held, the person in charge thereof shall, at least
30 days prior thereto, file an application with the Department of Port
Administration for permission to hold such regatta, motorboat or other vessel
race, marine parade, tournament, or exhibition. The application shall be made
on a form provided by the Department of Public Safety and shall set forth the
date and time when, and location where it is proposed to hold such regatta,
motorboat or other vessel race, marine parade, tournament, or exhibition. No event shall be conducted without
authorization of the Department of Public Safety in writing.
(d) The
provisions of this section do not exempt any person from compliance with
applicable federal law or regulation, but nothing contained in this section
shall be construed to require the securing of a Territorial permit pursuant to
this section if a permit therefor has been obtained from an authorized agency
of the
History: 1966,
PL 9-35; amd 1993, PL 23-9.
20.0340 Civil liability of vessel owners.
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 of the
common law require. The owner is not to be liable, however, unless such vessel
is being used with his or her express or implied consent. It shall be presumed
that such vessel is being operated with the knowledge and consent of the owner
if, at the time of the injury or damage, it is under the control of his or her
spouse, father, mother, brother, sister, son, daughter or other immediate
member of the owner’s family. Nothing contained in this section shall be
construed to relieve any other person from any liability which he would
otherwise have, but nothing contained in this section shall be construed to
authorize or permit any recovery in excess of injury or damage actually
incurred.
History: 1966,
PL 9-35
20.0341 Filing
and publication of regulations.
(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.
20.0342 Enforcement of chapter.
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 chapter, and in
exercise thereof, have authority to stop and board any vessel subject to this
chapter and also have the authority to arrest violators of provisions of this
chapter.
History: 1966,
PL 9-35; PL 17-2 § 2; amd 1993, PL 23-9.
20.0343 Violation-Penalty.
(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 the suspension of the fines and
penalties, the court may deprive the offender of the privilege of operating any
vessel, in the waters of the Territory for a period not more than two years.
(b)
Except when required by Territorial law to take
the purported violator immediately before a district judge a person arrested
for a violation of any provision of this chapter including any rule or
regulation adopted and promulgated pursuant to this chapter, the enforcement
officer, upon arresting a person for violation of any provision herein,
including any rule or regulation adopted and promulgated pursuant to this
chapter shall, in the discretion of the enforcement officer, either (1) issue a
summons or citation to the purported violator to appear and answer to the
charge against him or her at a certain place and at a time within fourteen days
after such arrest, or (2) where there is a possibility that the purported
violator may flee the Territory of American Samoa and that there is a
likelihood that he or she will not make the appearance within the time and
place as stated in the summons or citation, the enforcement officer shall take
the purported violator without unnecessary delay before a district judge for
arraignment and a bail to assure his appearance may be set by the district
judge.
Said
summons or citation shall be printed in a form comparable to the form of
summons and citations used for arresting offenders in traffic cases in
The
original of a summons or citation shall be given to the purported violator and
the other copy or copies shall be filed with the district court and the
department of public safety. The
district court may prescibe alternative methods of distribution for the
original and any other copies.
Summonses
and citations shall be consecutively numbered and the carbon copy or copies of
each shall bear the same number.
Any
person who fails to appear at the place and within the time specified in the
summons or citation issued to the person by the enforcement officer, upon the
person's arrest for violation of any provision of this chapter, including any
rule and regulation promulgated pursuant to this chapter, shall be guilty of
misdemeanor and, on condition shall be fined not more than $1,000 or be
imprisoned not more than six months, or both.
In the
event any person fails to comply with a summons or citation issued to such
person, or if any person fails or refuses to deposit bail as required, the
enforcement officer shall cause a complaint to be entered against such person
and secure the issuance of warrant for that person's arrest. When a complaint is made to any prosecuting
officer of the violation of any provision of this chapter, including any rule
or regulation promulgated thereunder, the enforcement officer who issued the
summons or citation shall subscribe to it under oath administered by another
official of the department of public safety or officials of the High Court or
district court who has been appointed and authorized by the Governor of
American Samoa to administer oaths and take acknowledgements.
History: 1966,
PL 9-35;amd 1980, PL 16-90 § 49;amd 1983, PL 18-19 § 6; amd 1993, PL 23-9.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,Cnnunal
Justice. 1983 Amended to include
penalties for new sections.
Sections:
20.0401 Illegal trade restraints.
20.0405 Authority to purchase and
use vessels for public transportation-Cargo rates.
20.0401 Illegal trade restraints.
No
person may directly or indirectly, in respect to the transportation by water of
passengers or freight between a port or landing of
(1)
pay or allow, or enter into any combination, agreement, or understanding,
express or implied, to pay or allow a deferred rebate to any shipper;
(2) make
any unfair or unjustly discriminatory contract with any shipper based on the
volume of freight offered, or unfairly treat or unjustly discriminate against
any shipper in the matter of:
(A) cargo space accommodations or other facilities;
due regard being had for the proper loading of the vessel and the available
tonnage;
(B) the
loading and landing of freight in proper condition; or
(C) the
adjustment and settlement of claims;
(3) retaliate
against any shipper by refusing, or threatening to refuse space accommodations
when such are available or resort to other discriminatory or unfair methods,
because such shipper has patronized any other carrier or has filed a complaint
charging unfair treatment for any reason.
History: 1971,
PL 12-34 § 17.
Research
Guide: For penalty, see 20.0250.
20.0405 Authority
to purchase and use vessels for public transportation-Cargo rates.
(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 funds made available for that purpose,
vessels of such type and size as he deems reasonably necessary to adequately
provide boat service to the people of American Samoa.
(b) Passengers
and cargo for hire may be carried on vessels owned or leased by, or on loan to,
the government.
(c) Passenger
fares and freight rates under this section shall not be less than those established
by the marine board for commercial lines for the same kinds of service.
(d) Notwithstanding
anything to the contrary above, the board in consideration of the following
criteria, not necessarily in order:
(1) the
needs and interests of the people served:
(2) the
best interests of the government; and
(3) the
general policy of noninterference with private industry by the government;
may, by rule, establish cargo rates lower than existing
commercial rates for service to the North Shore of Tutuila
History: 1967,
PL 10-8; amd 1977, PL 15-19.
Amendment: 1977 Subsection (d): added.
Chapters
05—10
(RESERVED)
Chapter
11
HARBOR
GENERAL PROVISIONS
Sections:
20.1101 Definitions.
20.1102 Observance and
promulgation of regulations.
20.1103 Berthing.
20.1104 Permission for harbor movement.
20.1105 Cables to be ready to veer.
20.1106 Duty to aid Port Director.
20.1107 Permission required to cast off.
20.1108 Trying of engines-Permission required-Liability for damage.
20.1109 Anchors
to be kept clear and ready.
20.1110 Notification of times for
arrival and departure-Harbor speed.
20.1111 Harbor speed.
20.1112 Inability or refusal to
comply with regulations.
20.1113 Wharf approach
obstruction.
20.1114 Wharf damage.
20.1115 Violation-Penalty.
20.1116 Violation-Emergency.
20.1117 Cleanup fund.
20.1118 Executive Secretary of the Environmental
Quality Commission as trustees--Use of fund.
20.1119 Borrowing authority.
20.1101 Definitions.
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, or open door container, demountable, without wheels or chassis
attached, furnished or approved by ocean carriers for transportation of
commodities aboard its vessels. Modules are generally, referred to or known as
20-footers and 40-footers, even though they may be less than 20 or 40 feet in
length. Sea vans (types used for household goods) or other similar shipping
containers or cargo boxes are excluded from this definition.
(c) “Deep draft vessel” is one with a maximum
draft over 12 feet when fully loaded.
(d) “Dockage”
means the charge assessed against a vessel when it is:
(1) berthed
or made fast to a wharf, dolphin, or other structure;
(2) lying
alongside of or tied to a vessel which is made fast to, or is lying alongside,
a wharf, dolphin, or other structure;
(3) not
tied up to or lying alongside of, but is using, a wharf by means of boats,
rafts, lighters, or otherwise.
(e) “Draft” means
the maximum depth of water a vessel draws at the time pilotage is furnished.
(f) “light
draft vessels” are vessels with a maximum draft of 12 feet.
(g) “Mooring
charge” is the charge assessed against light draft vessels for the privilege of
tying up to or lying alongside of a wharf or other structure. It is also the
charge assessed against such vessels which do not tie up to or lie alongside of
a wharf or other structure, but which tie up within the harbor or which use a
wharf or other structure by means of a tender or boat which ties up to or lies
alongside of same.
(h) “Pilot”
means any person duly licensed by the marine board and appointed as pilot by
the port director.
(i) “Pilotage” is
the charge assessed against a vessel for the availability or use of pilot service
furnished by the government into and out of the
(j) “Port
Director” means the head of the Department of Port Administration and his
authorized representatives.
(k) “Service
charge” is the charge made against a vessel to cover expenses of administration
of the port and maintenance of the harbor.
(l) “Tons”
and “tonnage” in the case of cargo mean a weight of 2,000 pounds, or 40 cubic
feet of measurement. In computing the displacement tonnage, the mean draft
shall be used in reference to the builder’s scale. In the event this scale or
other authoritative scale is not available, the displacement shall be computed
using Simpson’s Rule, as follows:
Length
X Breadth X Draft X 0.7
35
(m) “Wharf’ means and includes any wharf, pier,
bulkhead, quay, landing, or other structure owned by the government, to which a
vessel may make fast or which may be utilized in the landing of passengers,
goods, or merchandise, and includes petroleum storage facilities;
(n) “Wharfage”
means the charge assessed against merchandise:
(1) for the
use of any wharf while awaiting removal therefrom;
(2) for
passing over or through any wharf;
(3) for
passing to or from a vessel while such vessel is:
(A) made
fast to a wharf,
(B) moored
in any slip, channel, basin or canal,
(C) made
fast to another vessel.
History: 1962,
PL 7-27; 1972, PL 12-49 § 1;amd 1979, PL
16-44 § l; amd 1987, PL 40-43 § 1.
Amendments: 1979 Subsection (b): added.
1987 Subsection (b):
made “ocean carrier” plural.
Subsection (1):
added “of” between “feet” and measurement”.
Subsection (in):
added petroleum storage facilities to meaning of “wharf”.
20.1102 Observance
and promulgation of regulations.
(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 areas and matters under
his jurisdiction. Masters of all vessels entering the
History: 1962, PL 7-27; 1970, PL 11-89.
20.1103 Berthing.
The
berthing of vessels at wharves shall be at the discretion of the port director.
History: 1962, PL 7-27.
20.1104 Permission for harbor movement.
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.
20.1105 Cables
to be ready to veer.
Vessels anchored or moored in the harbor shall have
their cables ready to veer at all times.
History: 1962, PL 7-27.
20.1106 Duty to aid Port Director.
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.
20.1107 Permission required
to cast off.
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,
PL 7-27.
20.1108 Trying
of engines-Permission required-Liability for damage.
(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 engines.
(c) Any vessel, master or agent of vessels who
violates section (a) & (b) above is subject to a summary fine of $500.00,
and shall be liable for any damages caused by such violation.
History: 1962, PL 7-27 amd
1993, PL 23-2.
20.1109 Anchors to be kept clear and ready.
All
vessels entering or leaving port shall keep both anchors clear and in readiness
to let go if required.
History: 1962, PL 7-27.
20.1110 Notification
of times for arrival and departure.
The master, agents, or owners of a vessel arriving at or
departing from the
History: 1962, PL 7-27.
20.1111 Harbor speed.
Except in cases of actual emergency, all vessels shall
proceed at a speed not to exceed 5 knots when entering or leaving
History: 1962, PL 7-27.
20.1112 Inability
or refusal to comply with regulations.
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, pumping,
mooring or unmooring of such vessel, the Port Director is empowered to pump,
moor, unmoor, place or remove such vessel. To this end, the Port Director may,
if necessary, hire such assistance, equipment and tackle or purchase and put
aboard such quantity of ballast as seems to him requisite, all at the expense
of the master, owners, or agents of such vessel. All such costs shall be paid
to the government of
History: 1962, PL 7-27.
20.1113 Wharf approach obstruction.
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.
20.1114 Wharf damage.
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 by any
vessel shall be reimbursed to the government prior to the vessel’s departure.
A person aggrieved by a fine levied under the provisions
of this subsection by the Port Director may appeal the matter to the High Court
of American Samoa where the matter will be tried de novo.
History: 1962,
PL7-27; 1968, PL 10-63; 1970, PL 11-125; 1971, PL 12-5;amd 1980, PL I6-90 146;
amd 1986, PL 19-60 § 1.
Amendments: 1980 Amended to conform with penalties provided for in Title 46,
Criminal Justice.
1986 Amended to upgrade violations to a class D
felony.
20.1115 Violation-Penalty.
(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 misdemeanor.
(b) The
Port Director may summarily fine a person who, or the master of a vessel who,
violates 20.1714 any sum not to exceed $1,000, or violates any other rule or
regulation in, or promulgated pursuant to, this title any sum not to exceed
$1,000 as an alternative to charging a person or persons under subsection (a).
A
20.1116 Violation-Emergency order.
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 the
matter to the High Court of American Samoa where the matter will be tried de
novo.
History: 1986, PL 19-60 § 2.
20.1117 Cleanup Fund.
(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 section 20.1115(b); and
(2)
An initial appropriation, out of any moneys not
otherwise appropriated, of $10,000 for fiscal year 1990.
(b)
Nothing, in this chapter shall prevent additional
capitalization of the Fund established under subsection (a) above from other
sources.
History: 1989, PL 21-27.
20.1118 Executive Secretary of the Environmental
Quality Commission as trustee--Use of fund.
(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 purpose of
cleaning up discharges in the waters of
(c)
The Executive Secretary of the Environmental
Quality Commission as Trustee of the Cleanup Fund, may also:
(1)
develop plans and programs to prevent future
discharges; and
(2)
promulgate those rules and regulations deemed
necessary to promote the efficient and proper use of the Fund.
History: 1989, PL 21-27.
20.1119 Borrowing authority.
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 balance of the Fund at least equal to the
initial capitalization level of $10,000.
Advances made pursuant to this section shall not exceed $50,000 per
fiscal year and must be repaid to the general fund of the Treasury whenever the
Trustee determines that moneys are available for such repayment.
History: 1989, PL 21-27.
Chapter
12
Sections:
20.1201 Designated-Requirements-Vessels
in distress.
20.1202 Notice
of illegal entry.
20.1201 Designated-Requirements-Vessels
in distress.
(a) The
(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 the Governor determines that the public interest or an
emergency requires the vessel to enter another port without first entering and
clearing from such port, and grants permission to do so.
(c) A vessel in distress may anchor at any port in
History: 1962, PL 7-27.
Research
Guide: For designation of
additional ports of entry by immigration board, sec 41.0110. For port of entry
for aircraft, see 21.0301.
20.1202 Notice of illegal entry.
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
Administration, and shall inform the master of the vessel that such entry is
in violation of the law.
History: 1962, PL 7-27.
Chapter
13
PRATIQUE
Sections:
20.1301 Boarding vessel prior to
pratique prohibited.
20.1302 Duty to obey Director of Medical Services.
20.1303 Bill of health and list of passengers and crew.
20.1304 Authority to inspect and
order precautions.
20.1305 Duty to detain persons on
board.
20.1306 Reimbursement of medical
expenses.
20.1307 Promulgation of rules and
regulations.
20.1308 Violation of
quarantine—Penalty.
20.1309 Violation—Penalty.
20.1301 Boarding
vessel prior to pratique prohibited.
(a) The Director
of Health or his representative may board each vessel coming from a port other
than a port in
(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 vessel until pratique
has been granted.
History: 1962, PL 7-27; 1972, PL 12-42 § 1.
20.1302 Duty
to obey Director of Medical Services.
Ships entering the
History: 1962, PL 7-27; 1972, PL 12-42 § 2.
20.1303 Bill
of health and list of passengers and crew.
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 the list
must distinguish residents of
History: 1962, PL 7-27; 1972, PL 12-42 § 3.
20.1304 Authority
to inspect and order precautions.
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
History: 1962, PL 7-27; 1972, PL 12-42 § 4.
20.1305 Duty to detain persons on board.
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 7-27.
20.1306 Reimbursement
of medical expenses.
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
member to the port of his or her embarkation.
History: 1962, PL 7-27.
20.1307
Promulgation of rules and regulations.
The Director of Health or his representative
is authorized to promulgate such rules and procedures as necessary and proper
for granting pratique to vessels entering
History: 1962, PL 7-27: 1972, PL 12-42 § 1.
20.1308 Violation of quarantine—Penalty.
(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
vessel which enters within or departs from the limits of any quarantine area as
designated by the Director or his representative, or in disregard of any order
or rule promulgated by the director or his representative, shall forfeit to the
government not more than $5,000, the amount to be determined by the High Court
of American Samoa, which shall be a lien on such vessel.
History: 1972, PL 12-42 § 5; amd 1980, PL 16-90 § 47.
Amendments: 1980
Amended to conform with penalties provided far in Title 46, Criminal Justice.
20.1309 Violation-Penalty.
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 for in Title 46, Criminal Justice.
Sections:
20.1401 Pilot fees compulsory.
20.1402 Requests for pilots.
20.1403 Determination of fees.
20.1404 Exemption.
20.1405 Payment of fees.
20.1406 Damage to piloted vessel.
20.1407 Clearance by customs and port director.
20.1408 Complaints against pilot- procedure.
20.1409 Applicability of international rules.
20.1410 Observance of regulations.
20.1401 Pilot fees
compulsory.
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.
20.1402 Requests for pilots.
(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 permissible provided the vessel has
contacted the pilot boat by radio 30 minutes before its original estimated time
of arrival. The pilot boat will listen
on 2182 KCs and channel 16 VHF, 1 hour before and 1 hour after the established
time of arrival. Vessels not meeting the above requirement to revise their ETA
shall be charged a fee of $75 in addition to the normal pilot fees.
(c) Outbound
Vessel. Requests for pilot for outbound vessel should be made 6 hours in
advance of sailing. However, the sailing may be delayed without charge for
waiting if notice of changed sailing time is made one hour before the original
scheduled sailing.
(d) Docking.
The
History: 1962, PL 7-27; 1972, PL 12-49 § 2.
20.1403 Determination of
fees.
(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 required for a deep draft
vessel the minimum charge shall be $100.
(c) Other
fees shall be:
(1) moving
vessels in harbor: $100 each move;
(2) anchoring:
$100 each anchoring;
(3) if in
the performance of his duties a pilot is detained by any vessel, a charge shall
be made for such detention at the rate of $75 per hour or fraction thereof;
(4) in instances
where a pilot is required to accompany a vessel beyond the normal pilot station
(one-half mile beyond Whatel Rock Buoy) for any purpose, including interisland
pilotage, a charge shall be made at the rate of $50 per hour, and the vessel
shall be responsible for the return of the pilot to the port of embarkation:
(5) the
charges provided for waiting shall be applicable only when the services of a
pilot have been requested and confirmed, and only when the services of a pilot
are actually required;
(6) a pilotage fee of $10 to or from the harbor shall
be assessed against all light draft vessels as defined in these regulations if
the services of a pilot are not required;
(7) Yachts
of less than 12-foot draft shall be exempt from pilot fees unless the services
are actually performed; yachts of over 12-foot draft shall be exempt from
one-half the pilot fees unless actual pilot service is rendered;
(8)
pilotage fees for vessels with tows shall be based on the vessel having
the deepest draft, and the charge shall be 50% of that charge for each
additional vessel or vessels as long as the vessels remain connected together.
If the vessels are separated, pilot fees shall be based on the draft of each
unit.
History: 1962, PL
7-27; 1972, PL 12-49 § 4.
20.1404 Exemption.
Any vessel that carries passengers or freight, or both,
between the islands of
History: 1962, PL 7-27.
20.1405 Payment of fees.
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.
20.1406 Damage
to piloted vessel.
Masters of vessels shall be responsible for the
safety of their vessels at all times. Neither the government of
History: 1962, PL 7-27.
20.1407 Clearance
by customs and Port Director.
A pilot may not conduct a vessel to sea unless the
vessel has been regularly cleared by Customs and the Port Director’s office.
20.1408 Complaints against
pilot—Procedure.
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.
20.1409 Applicability
of international rules.
Within the waters of
History: 1962, PL 7-27.
20.1410 Observance of regulations.
Pilots will observe all harbor, quarantine and other
local regulations.
History:
1962, PL 7-27.
Chapter
15
MOORING
AND UNMOORING
Sections:
20.1501 Responsibility
20.1502 Mooring lines.
20.1503 Fees-Exemption.
20.1504 Mooring buoys.
20.1501 Responsibility.
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 government.
History: 1962, PL 7-27
20.1502 Mooring lines.
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.
20.1503 Fees-Exemption.
(a) All
vessels, except pleasure boats and vessels the home waters of which are in
(b) The
Port Director may establish by regulation charges for anchoring and mooring
vessels in territorial harbors. Such charges shall be in addition to the
charges established in this title.
History: 1962, PL 7-27; 1966, PL 9-31; amd 1970, PL
11-114.
20.1504 Mooring buoys.
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.
Chapter
16
Sections:
20.1601 Beginning and end of dockage.
20.1602 Dockage charges.
20.1603 Charge for half-day dockage.
20.1604 Free dockage.
20.1605 Motor launch and tug
fees.
20.1606 Liability for charges.
20.1607 Wharfage charges.
20.1608 Loading and unloading of
vessels.
20.1609
Exemption.
20.1601 Beginning and end of dockage.
(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
first boat, raft, lighter, etc., reaches a wharf.
(b) Dockage
shall continue upon such vessel until she is completely freed from and vacates
her mooring or until the last boat, raft, lighter, etc., leaves a wharf.
History: 1962, PL 7-27.
20.1602 Dockage charges.
(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 computed as follows:
(A) per gross ton per day: $0.02:
(B) per
foot of vessel length per day: $0.10.
(2) One-half of the full dockage rate may be assessed
against vessels subject to dockage charges if:
(A) vessels
are lying alongside or tied up to any vessel made fast to a wharf;
(B) vessels
are lying idle at a wharf;
(C) vessels
are moored off shore and using a wharf by means of boats or lighters, based on
tonnage or length of moored vessels:
(D) vessels or other floating equipment are lying
alongside or tied up to a wharf for purposes of salvaging or rebuilding. Use
of the wharf for such purposes will be at the discretion of the Port Director.
(b) No
dockage charge may be imposed when a mooring charge is imposed.
History: 1962, PL 7-27; 1972, PL 12-49 § 11, 7.
20.1603 Charge for half-day dockage.
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.
20.1604 Free dockage.
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 States Armed Forces vessels.
History: 1962, PL 7-27; 1972, PL 12-49 § 6.
20.1605 Motor launch and tug fees.
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.
20.1606 Liability for charges.
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 shall be deemed an acceptance and acknowledgment of the above
provision.
History: 1962, PL 7-27.
20.1607 Wharfage charges.
(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 determining freight charges.
(b) Wharfage
charges shall be as follows:
(1) for
each ton or fraction thereof of cargo loaded or unloaded: $2.00:
(2) for
shipments under one ton, the wharf-age charge in paragraph (1) is prorated with
a minimum charge of $0.50:
(3) in
addition to the above per ton charges, for each gallon of petroleum sold,
removed or drawn out of the government’s petroleum storage facilities, $0.04
per gallon, $0.02 to be placed in an earmarked revenue fund solely for the
preservation, protection and improvement of the petroleum storage facilities
and related costs: $0.02 to be placed in an earmarked revenue fund solely for
the purpose of purchasing drugs, medical supplies for patient care, and
diagnostic medical equipment for the Lyndon Baines Johnson Tropical Medical
Center. The Governor shall administer
the collection and disbursements of these funds. This authority shall not be
delegated.
(4) vessels
unloading or loading into lighters not alongside the wharf will be charged
one-half wharfage unless the lighter discharges or loads at a wharf where
wharfage rates apply and in such case full wharfage will be charged on the
cargo loaded or unloaded from or to the lighter pursuant to paragraph (1).
(c) Prior
to the delivery of imported cargo, goods, or merchandise, or prior to their
loading for export, the following charges shall be collected from the owner,
or from the master, owner or agent of the carrier, in addition to any other
charges that may be due:
(1) tonnage
dues per shipping ton or fraction thereof of cargo consigned to or shipped
from
(2) tonnage dues per shipping ton or fraction thereof of
cargo arriving in
(A per
ton or fraction thereof in, $1.00;
(B) per
ton or fraction thereof out, $1.00;
(3) provided, however, that tonnage dues on
transshipment cargo stored in a government warehouse or other government areas
in excess of 72 hours shall be;
(A) per ton or fraction thereof per day or fraction
thereof for the first 2 weeks, $1.00;
(B) per
ton or fraction thereof per day or fraction thereof in excess of two weeks.
$2.00;
(4) goods
stored in a government warehouse or other areas in excess of 72 hours, per ton
or fraction thereof, per day, or fraction thereof, for the first 3 days. $2.00;
after 3 days, the rate shall be $4.00;
(5) (A)
containers stored in the port area or other government areas are subject to
charges in addition to tonnage dues and other charges as follows;
(i)
inbound containers: 120 hours after arrival, $0.50 per day; and $1.00
per day after 30 days.
(ii)
outbound containers: immediately upon occupying respective areas, $0.50
per day and $1.00 per day after 30 days;
(B)
containers stored by or primarily for the use of fish processing
facilities are exempt from the charges provided by paragraph (5)(A) if these
containers are used within 30 days after arrival or if these containers contain
canned fish.
(d) Goods arriving in
(e) In
the event the shipping companies resort to containerization of shipments to
American Samoa and the space available in all government warehouses is
substantially changed as a result of the use of containers, the Port Director
is authorized to amend the storage charges contained in this section so as not
to place an unreasonable burden on the government or the shippers until the
next meeting of the Legislature.
(f) For
the purpose of this section “ton” means 2,000 pounds weight or 40 cubic feet of
measurement, except in the case of copra, where a ton means 2,240 pounds.
(g) The
charges imposed by this section may be increased, decreased, or supplemented by
order of the Governor.
(h) Except for revenues specifically earmarked for another purpose, one-half of all revenues received under this section shall be placed in an earmarked fund to be appropriated annually by the Legislature to provide funds, p