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24.1009 Prohibited Acts.

Cite as [A.S.A.C. § 24.1009]

The following Fishing methods shall be Illegal Fishing Methods and are prohibited in any and all designated Village Marine Protected Areas and no Village, whether participating or not participating in the Community-based Fisheries Management Program, may allow or permit any of the following:

(a) Any Fishing method not listed as an Approved Fishing Method.

(b) Any Fishing, whether commercial, non-commercial, sport, subsistence, or for Cultural Uses, by the use of explosives, poisons, a Bleaching Agent, other noxious or Toxicant substances, Cyanide Fishing, electric shocking devices, SCUBA equipment or hookah equipment when Taking or Fishing for Fish or Shellfish or harvesting other marine life, including but not limited to the use of ava niu kini for the purpose of killing, stunning, disabling, Taking, or catching Fish or Shellfish, or in any way rendering Fish or Shellfish more easily caught.

(c) Any fisherman to carry or have in a fishermen’s possession or control any explosive, poison, or other noxious or Toxicant substance in circumstances indicating an intention to use such explosive, poison, or other noxious or Toxicant substance for any of the purposes referred to in this paragraph. Any explosive, poison or other noxious or Toxicant substance found on board any Fishing Vessel, or in the possession of any Person on or in the Waters of American Samoa, unless the contrary can be proven, shall be presumed to be intended for the purpose referred to in this subsection.

(d) The Taking or attempt to Take Fish or Shellfish with any electrical device that operates by shocking with an electrical current for the purpose of killing, stunning, disabling, Taking, or catching Fish or Shellfish, or in any way rendering Fish or Shellfish more easily caught. Any electrical shocking device found on board any Fishing Vessel, or found in the possession of any Person on or in the Waters of American Samoa, shall be presumed, unless the contrary can be proven, to be intended for the purpose referred to in this subsection.

(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 any light to attract Fish for the purpose of Fishing or Taking Fish from the period one hour before sunset until one hour after sunrise, whether the light is floating, moored, or handheld.

(g) Taking Fish or Shellfish with the use of or aid of a bow and arrow or crossbow and bolt or arrow.

(h) Any Sandmining in a Village’s Marine Protected Area without a Sandmining permit from the Department.

(i) The intentional dumping or discarding of any trash or garbage on the shoreline, beach or Reef of a Village Marine Protected Area.

(j) The collection of any Fish or Shellfish or any marine organism for research unless a collection permit issued by the Department.

History: Rule 1-08, eff 2008.