Chapter 04

GIANT AFRICAN SNAIL

Prior History: Emergency Rule 6-80, eff 5 May 80.

24.0401 Authority.

            The rule codified in this chapter is adopted under the authority of 24.0102(1) ASCA.

History: Rule 19-80, eff 1 Sep 80, § 1.

24.0402 Finding of public health nuisance.

            It is specifically found that the giant African snail, in view of increasing numbers and the numerous infested areas listed in Appendix A to this chapter, is harmful to agricultural products, food items, and water supplies and thereby endangers health and contaminates the environment, and constitutes a public health nuisance as defined in 25.0101(19) ASCA.

History: Rule 19-80, eff 1 Sep 80, § 2.

24.0403 Purpose.

            The purpose of this chapter is to control the spread of the giant African snail from the infested areas listed in Appendix A to this chapter to uninfested areas in American Samoa, and to facilitate the abatement and removal of the snail from these areas.

History: Rule 19-80, eff 1 Sep 80, § 3.

24.0404 Moving materials to and from infested areas.

            (a) No person shall move by any means whatsoever soil, rocks, lumber, pipes, cinders, or any other material to or from the infested areas listed in Appendix A without providing the director of agriculture at least 7 days prior notice of the intended movement. The director of agriculture is authorized to inspect the materials prior to movement and to determine and carry out such treatment or other means as is necessary to remove and destroy the African snails found in the materials.

            (b) For purposes of this chapter, "person" means any natural person, whether a private individual or public employee or official, partnership, or other association, corporation, or government agency.

History: Rule 19-80, eff 1 Sep 80, § 4.

24.0405 Violation-Penalty.

            Pursuant to 25.0110 ASCA, any person who violates 24.0404(a) shall, upon conviction, be subject to imprisonment not to exceed 1 month or a fine of not more than $100, or both.

History: Rule 19-80, eff 1 Sep 80, § 5.

24.0406 Abatement and removal.

            The director of agriculture is further authorized to exercise the authority of the director of health to abate and remove giant African snails under the provisions of 25.0107, 25.0108, and 25.0109 ASCA.

History: Rule 19-80, eff 1 Sep 80, § 6.

24.0407 Appendix A-Giant African snail-infested areas.

            Giant African snail-infested areas include all of the central part of the island of Tutuila from Leone Village to the west and Laulii to the east, extending to the north toward the mountains. Heavy concentrations of African snails are found in the following areas:

            1. Auma -Leone;

            2. Futiga ASG Dumping Site;

            3. Aasufou -Aoloau;

            4. Mapusaga Fou -Tafeta;

            5. Pavaiai;

            6. Faleniu;

            7. Mesepa;

            8. Community College -Malaeimi;

            9. Ottoville -sludge dumping area;

            10. Airport Road -public works construction;

            11. Tafuna Housing -correction facility;

            12. Fagaalu;

            13. Mt. Alava;

            14. Satala -Atuu;

            15. Onesosopo Public Dump.