26.0204 Definitions.

Cite as [A.S.A.C. § 26.0204]

The following definitions shall apply:

A. Act means the American Samoa Coastal Management Act of 1990, ASCA §§ 24.0501 et. seq.

B. Agency means any executive, autonomous, or legislative board, department, office, commission, committee, or other instrumentality created by the Revised Constitution of American Samoa of 1967, the American Samoa Code Annotated, the American Samoa Administrative Code, or by executive order of the Governor.

C. Applicant means any person or agency of the territorial or federal government who, pursuant to the Act and provisions of this chapter, files an application for a land use permit.

D. Best management practices means economically achievable measures through the application of the best available practices, technologies, processes, siting criteria, operating methods, or other alternatives that will reduce, limit, or improve developmental impacts within the coastal zone.

E. Board means the Project Notification and Review System Board.

F. Chair means the Chair of the Project Notification and Review System Board.

G. Coastal resource means the land, air, water, minerals, flora, fauna, and objects of historic or aesthetic significance of the Territorial coastal zone. Coastal resources include, but are not limited to, submerged lands, reef systems, groundwater recharge areas, archaeological/cultural/historic resource sites and properties, Special Management Areas, pristine ecosystems, mangroves, wetlands, beaches, areas of scientific interest, recreational areas, undisturbed native vegetation, and critical habitat.

H. Container mans a single rigid, intermodal 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 ocean going vessels. Modules are generally known as 20-footers and 40-footers, even though they may be less than twenty (20) or forty (40) feet in length. Sean vans (types used for household goods) or other similar shipping container or cargo boxes are excluded from this definition.

I. Days mean normal calendar days, including holidays, unless otherwise indicated “business days.”

J. Director means the Director of the Department of Commerce or his designee.

K. Environment means humanity’s surroundings, inclusive of all the physical, economic, and social conditions that exist within the area affected by a proposed action, including land, human, and animal communities, air, water, minerals, flora, fauna, and objects of historic or aesthetic significance.

L. Feasible means capable of being accomplished in a reasonable period of time, taking into account economic, social, technological, and environmental factors. Use of this word includes, but is not limited to, the concept of reasonableness and likelihood of success in achieving the project goal or purpose.

M. Feasible alternatives means alternatives to the proposed project, use or activity, and applies both to locations or sites, to methods of design or construction, and includes a “no action” alternative.

N. Federal government means the government of the United States of America.

O. Manager means the American Samoa Coastal Management Program Manager who is responsible for the overall implementation and administration of the American Samoa Coastal Management Program.

P. Matai means the titled head of a Samoan extended family, the Sa’o.

Q. Person means any individual, partnership, firm, association, trust, estate, private corporation, an agency of the territorial or federal government or other legal entity.

R. Public need means a need of the people of the Territory as opposed to the needs of an individual or group of individuals. In assessing whether there is a public need, one must look at the basic service provided and to whom the service is provided. The basic purpose must be one for which a village, group of villages, county, district, or the Territory, has a demonstrated need.

S. Pulenu’u means the official representing central government in a village; the village mayor.

T. Sami means shoreline and refers directionally towards the ocean or away from the mountains.

U. Sustained yield means resource management used to achieve a balance between the rates of renewable resource consumption and renewal, recruitment, or productivity.

V. Territory means the United States Territory of American Samoa.

W. Water-dependent means a project, use or action, which can be carried out only on, in, or adjacent to water areas because it requires access to water.

X. Water-related means a project, use or action which is not directly dependent upon access to a water body, but which provides goods or services that are directly associated with a water-dependent use.

History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg. (Ex. Ord. 07-88); Rule 2-97, eff 4 Aug 97.