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 American Samoa or between islands of American Samoa or between a port of American Samoa and a port of another country:

(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 Island, Aunu’u Island, Swains Island and the Manu’a Group of Islands of American Samoa.


History: 1967, PL 10-8; amd 1977, PL 15-19.


Amendment: 1977 Subsection (d): added.