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.History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12.
Amendments: 2012, renumbering.