Chapter 01 - General

15.0101 Findings and purpose.

(a) The director of parks and recreation has determined that certain commercial activities may be allowed in limited numbers and under controlled conditions within selected park areas under the management and control of the department of parks and recreation.

(b) it has been further established, that these commercial activities will favorably contribute toward the ability of the general public to enjoy and utilize certain park areas and facilities. These activities, however, will result in increased administrative costs to the department. Therefore, the system which allows these commercial uses should ensure that the public is properly recompensed for the additional costs incurred.

(c) Finally, it is recognized that commercial activities within the park system exist as a privilege, not as a right. Therefore, all reasonable measures by the department of parks and recreation to minimize the adverse impacts of these activities upon the general public and upon park capacities, are just and proper. These measures may include, but are not limited to, temporarily or permanently curtailing at any location, one or more commercial activities that may have become incompatible due to changes in circumstances.

15.0102 Applicability and scope.

These rules shall apply to all areas of the park system under the jurisdiction of the director as defined in Chapter 2 of Title 18, A.S.C.A. The purpose of these rules is to govern the use and protection of the Territorial Park System.

15.0103 Definitions.

As used in these rules, unless the context requires otherwise:

(a) “Accessory activity” means a use which is incidental and subordinate to an authorized activity.

(b) “Applicant” means an individual, group or organization who has made a formal request or petition to the department for a determination upon a commercial activity or for the purpose of securing a permit.

(c) “Authorized activity” means a commercial use which has been properly reviewed and approved under these rules.

(d) “Authorized representative” means any person legally or otherwise properly designated to act for the director.

(e) A “boat” means any form of vessel capable of floating in the water and includes but is not limited to motor boats, sail boats, canoes, barges, and sail boards. For purposes of these rules a “boat” does not include swimming floaters or other authorized swimming equipment.

(f) “Camping” means the act of sleeping during nighttime hours on the premises or the use or occupation of the premises by one or more persons who remain or intend to remain on the premises at any time between the hours of 10: 00 p.m. and 6: 00 a.m.

(g) “Commercial activity” means a use or purpose designed for profit, which includes the exchange or buying and selling of commodities, or the providing of services, or relating to or connected with trade, traffic or commerce in general.

(h) “Commission” means the parks and recreation commission created in Chapter 1, Title 18, A.S.C.A.

(i) “Department” means the department of parks and recreation, Territory of American Samoa.

(j) “Director” means the director of the department of parks and recreation, American Samoa Government.

(k) “Government” means the American Samoa Government.

(l) “Nonprofit organization” means any organization, club, family, or eleemosynary corporation which does not conduct business for profit on a regular basis.

(m) “Park” means any area set aside, at the time of publication or any time thereafter by statute, by the territorial planning commission, by the zoning board, or by the department as territorial parks, community parks, territorial recreation facilities, community recreation facilities, historical and prehistoric objects and sites, and all facilities located in those areas. As of adoption, of these rules, the designated parks are: Onesosopo Park, Pago Park, the area on the seaside of the main highway in Malaloa between Burns-Philp and the yacht quay, Utulei Beach Park (from the Rainmaker Hotel to Morris Scanlan’s Gas Station), Faga’alu Park, Lions’ Park (Tafuna, including the tennis courts), the Ili’ili Golf Course, and Amanave Park, and the water adjacent to these land areas out to the 10 fathom curve. A map of these parks is attached to the end of this title as Appendix A.

(n) “Park system” means all “parks” as defined above and all underwater land and water areas of the Territory of American Samoa extending from the mean high water line seaward to the 10 fathom curve.

(o) “Permittee” means an individual, group or organization who has requested and received permission to conduct an authorized activity according to these rules.

(p) “Picnic” means an outing with food and refreshments and which may include games, music or other, activities for the enjoyment of its members.

15.0104 Hours.

With the exception of the Ili’ili golf course, all parks are open to the public between the hours of 5: 00 a.m. and 10: 00 p.m., and closed to the public during other hours. Only activities authorized by permit will be allowed during the hours the parks are closed.

15.0105 Severability.

If any provision of these rules and regulations, or the application of such provision, is held to be invalid, the remaining portions of these regulations or the application of said portions shall not be affected.

15.0106 Penalties.

Any person found in violation of these rules and regulations in this title may be subjected to a fine of up to $250 or denied use of territorial parks for the purpose requested, or both. Certain violations can be punished by imprisonment for up to 6 months, a $500 fine, or both, for each violation. (Authority: 18.0203(8) and 18.0208 A.S.C.A).