Chapter 03 - Noncommercial Activities

Chapter 03 - Noncommercial Activities

15.0301 Permits.

(a) Valid permits shall be issued only by the department. Duplicate copies will not be honored. Depending on the activity, the activity may also require a business license (See Chapter. 27.02 A.S.C.A.). The following activities when conducted within the park system require a permit:

(1) Fund-raising Activities. All fund-raising activities shall be conducted only with a permit.

(2) Area Reservations. Reservations to conduct noncommercial activities at specific sites within the park system require a permit.

(3) Picnics and Parties. Picnics and parties in which 50 or more people are either expected or the organizers should reasonably expect to attend require a permit.

(4) Camping. Camping requires a permit.

(5) Sports. All scheduled sporting and athletic activities, including practices require a permit.

(6) Food Concessions. Operators of food concession stands need permits, in addition to other health permits and business licenses required by statute.

(7) Parking. Parking is permitted only in designated parking lots. Parking of vehicles in designated parking lots between the hours of 2: 00 a.m. and 5: 00 a.m. requires a permit.

(8) Boating and Boats. Keeping a boat within the park system longer than 8 hours requires a permit.

(b) Permits shall be valid for the date(s) or times stated thereon. If no date or time is stated, the permit shall be valid for 24 hours.

15.0302 Activities not allowed.

The following activities, whether commercial or noncommercial, fundraising or nonfundraising, are not allowed and permits will not be issued:

(a) washing of any vessel or vehicle;

(b) commercial preparation of food by restaurants or food caterers, unless the preparer has an authorized activity designation:

(e) The placing, discharging, disposing of, or removing by any process or in any manner any refuse (including fish bait and catch cleanings), garbage, dirt, ashes or cinders (except as authorized in 15.0401(h), mud, sand, gravel, sludge, or any chemical whatsoever.

15.0303 Fees.

Except for permits issued to government agencies, all permits shall be subject to the following fees:

(a) Permit Fees.

(1) Fund-raising activity, $100;

(2) Nonfund-raising site reservation $10.

(b) Cleaning Fees. The following activities also require deposit of a refundable cleaning fee:

(1) Fund-raising activity, $100;

(2) Picnics

(A) 0 through 50 people, free;

(B) 51 through 100 people, $50;

(C) over 100 people, $l00.

(c) Camping fees, $2.

15.0304 Applications for permits.

The following conditions shall apply to permits:

(a) In general, permits shall be issued on a first-come, first-served basis; however, depending upon the activity and the park involved, the department may implement a lottery system when the number of requests exceeds the number of permits allowed.

(b) Persons 18 years of age or older may be eligible to secure permits. (c)Applications for permits shall be submitted in writing, on a form provided by the department, at least 2 working days in advance of the date of the planned activity. Applications shall be submitted to the department at: Department of Parks & Recreation American Samoa Government, P.O. Box 1268, Tafuna, American Samoa 96799

(d) Permit applications may be obtained between the hours of 7: 30 a.m. and 4: 00 p.m. on regular working days of the department, at the Department Office in Tafuna.

(e) Permits shall be nontransferable.

(f) Persons or organizations to whom permits are issued are bound by the permit conditions stipulated on or attached to the permit and any applicable federal and territorial laws, rules, and regulations.

(g) The size of the groups as well as the length of time any permit may be in effect may be limited by the director or his authorized representative.

(h) All payments of fees and charges shall be in cash, cashier’s check, certified cheek, postal money order, bank money order, or a check preprinted with the name of the applicant (organization or person) preprinted and drawn on a local bank. A fee of $5 will be charged for returned form nonpayment.

(i) Upon request, permittees shall show the permit to an authorized representative and to any law enforcement officer.

(j) There shall be reasonable limitations upon the number of permits issued to each applicant for every park location.

(k) Other terms and conditions deemed by the director necessary to carry out the provi¬sions of these rules, or any applicable federal or territorial statute, regulation, or rule.

15.0305 Denial of permits.

Application for permits may be denied when:

(a)The park or park facilities requested are closed or will be closed because of damage, or because of scheduled or on-going construction, repairs or maintenance activities, or because of other reasons.

(b) A state of emergency is declared by the director or other proper authorities.

(c) Natural or civil disturbances, including but not limited to, tsunamis, floods, earth¬quakes, storms, riots, or demonstrations, occur or threaten to occur.

(d) There are inadequate facilities to meet the needs of the applicant for the permit and the needs of the general public.

(e) The requested time or duration for the permit would exceed the limits as may be established elsewhere in these rules.

(f) The requested number of people for the permit would exceed the limits as may be established elsewhere in these rules.

(g) The request would exceed the number of permits authorized for that time and location, as may be estab1ished elsewhere in these rules.

(h) The request is for use deemed by the director to be inconsistent with the public’s interest in the safe and sanitary operation of the park system.

15.0306 Revocation of permits.

Permits may be revoked, cancelled or otherwise terminated at any time without prior notice when:

(a) A state of emergency is declared by the director or other proper authorities.

(b) Natural or civil disturbances, including but not limited to, tsunamis, floods, earth. quakes, storms, riots, or demonstrations occur or threaten to occur.

(c) Permittees violate permit conditions or other provisions of these rules.

(d) Fees are not paid as required.

15.0307 Nonuse of permits.

Failure to use a permit at the designated time and place, not due to an act of interference by the department shall not result in a refund or credit of fees previously paid, with the exception of the cleaning fee.

15.0308 Camping.

Camping is only permitted within the territorial park system with prior approval. A permit is required. Authorization to camp at a certain area must be endorsed by the department on the permit.

15.0309 Unauthorized vehicles and equipment.

(a) No vehicle may be parked in a territorial park except in designated parking lots. No vehicle may be parked in a designated parking lot between the hours of 2: 00 a.m. and 5: 00

a.m. unless authorized by the department and endorsed on a valid permit.

(b) The department is authorized to remove from park property and at the owner’s expense any unauthorized boat, vehicle, or machinery or equipment.

15.0310 Boats and boating.

(a) No boats may be operated in a careless or reckless manner when within waters included in the territorial park system so as to endanger the life or property of any person.

(b) No boats may be in any park for longer than an 8-hour period unless authorized by the department and endorsed on a permit.

(c) No boat may be operated in any park between the hours of 7: 30 p.m. and 5: 00 a.m.

(d) No boats are allowed to sail, move, moor, anchor, or berth in designated swimming areas, except in case of emergency.

(e) With the exception of when being launched and brought ashore, no commercial boats are allowed in any park at any time.

(f) When operating within the 5 fathom curve and in waters adjoining territorial parks, recreational boats must be operated at speeds slower than 5 knots.

(g) Recreational boats are only allowed to moor, anchor, or berth ashore in designated areas within the territorial parks.

(h) The area seaward and to the west of the Pago Pago Yacht Club in Utulei is designated for aquatic activities, and recreational sailboats and canoes may be stored in that area and operated in the adjacent waters.