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Chapter 11 - Hunting

24.1104 Taking of pest species.


(a) The following wildlife may be taken at any time and no license or permit is required to take them:

(1) Rats and mice,

(2) The marine toad,

(3) The brown tree snake (Boinga irregularis), and

(4) Feral dogs and cats.

(b) Other types of wildlife may be destroyed as pest species with a special permit issued by the department, as provided in this regulation.

24.1101 Definitions.


(a) “Department” means the Department of Marine and Wildlife Resources (A.S.C.A. §24.0302(1).

(b) “Director” means the director DMWR (A.S.C.A., §24.0302(2).

(c) “Wildlife” means all mammals, birds reptiles and amphibians that exist in a wild state and shall not be taken except as authorized by rule of the director (A.S.C.A., §24.0302(6).

(d) “Hunting” means to take or attempt to take any wildlife species using guns, shotguns, bow and arrow, slingshot or spear. It also means to possess in a readily usable form any of these devices without a valid reason in any area where wildlife could be taken.

(e) “Native Bat” means any of the bat species found in the territory of American Samoa including: Emballonura semicaudata, the sheath tailed bat, Pteropus tonganus, the white necked or tongan bat, and Pteropus samoensis, the samoan bat. The term includes bats in all stages of development and all body parts.

(f) “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect or to attempt to engage in any such conduct.

(g) “Trapping” means to take or attempt to take any wildlife species using passive devices such as spring traps, snares, deadfalls, mist nets, and pitfall traps. It does not include traps specifically designed or sold for the capture of rats and mice.

(h) “Wild bird” means any bird species of the class Aves found in the territory of American Samoa.

24.1102 Season, Hunting areas, fees and Bag limits.


(a) Each year, the director of the department shall issue a proclamation establishing the following for the taking of wildlife:

(1) Seasons,

(2) Hunting areas,

(3) License and permit fees, and

(4) Bag limits.

(b) Annual proclamations shall be effective beginning on January 1st through December 31st of each year, or until superseded by further proclamation of the director.

(c) Copies of the current proclamation will be made available at the department office in Fagatogo.

(d) Any taking of wildlife, including hunting and trapping, not expressly allowed in the proclamation or otherwise permitted by law is prohibited.

24.1105 Wild Birds.


(a) It is unlawful to take, attempt to take, or to hunt any species of wild bird unless explicitly allowed during an officially proclaimed hunting season.

(b) It is unlawful to sell, offer for sale, or purchase any species of wild bird.

(c) It is unlawful to possess any species of wild bird that was not taken during an officially proclaimed hunting season. There shall be a rebuttable presumption that wild birds in an unfrozen or unprocessed state were not taken during an official hunting season unless such a season is currently in progress.

(d) It is unlawful to import or export any species of wild bird.

(e) It is unlawful to trap or attempt to trap any species of wild bird.

24.1106 Native Bats


(a) It is unlawful to take, attempt to take, or to hunt any species of native bat unless explicitly allowed during an officially proclaimed hunting season.

(b) It is unlawful to sell, offer for sale, or purchase any species of native bat.

(f) It is unlawful to possess any species of native bat that was not taken during an officially proclaimed hunting season. There shall be a rebuttable presumption that native bats in an unfrozen or unprocessed state were not taken during an official hunting season unless such a season is currently in progress.

(g) It is unlawful to import or export any species of native bat.

(h) It is unlawful to trap or attempt to trap any species of native bat.

24.1107 Wild Pigs.


(a) After January 1, 1996 it is prohibited to take wild pigs without possessing a valid hunting license.

(b) It is unlawful take wild pigs with shotguns of 16 gauge or smaller or with shotguns shooting shells containing #4 or smaller pellets.

24.1108 Other Species.


It is unlawful to take, attempt to take, import, export, sell, offer to sell, purchase or possess the pacific boa, Candoia bibroni.

24.1109 Licenses and Permits.


(a) Hunting License: A hunting license is required for all individuals wishing to engage in hunting activities after January 1, 1996. This license shall be issued upon approval of the application and payment of the required fee. License fees shall be published in the annual proclamation.

(b) Scientific Collecting Permit: Any person or institution with a bona fide scientific or educational purpose may apply in writing to the director for a Scientific Collection Permit. The director may deny, approve or establish conditions for any such permit.

(c) Pest eradication permit: In cases where it can be demonstrated that a species of wildlife is causing significant economic damage or is creating a health or safety hazard, the affected party may apply to the Department for a Pest Eradication Permit. This permit may allow the permittee to take wildlife in a manner otherwise prohibited by these regulations. This permit may only be issued following a determination by the Department that its issuance will not result in significant impact to that species. The director may deny, approve or establish conditions for any such permit.

24.1110 Penalties.


(a) Pursuant to 24.0311 (a) A.S.C.A., any person who violates any provision of these laws shall be guilty of a class B misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or by a prison term in excess of fifteen (15) days but not to exceed six (6) months, or by both.

(b) Pursuant to 24.0311 (b) A.S.C.A., any business entity found in violation of these laws shall be fined not less than one thousand dollars ($1,000) per violation.

(c) Pursuant to 24.0311 (b) A.S.C.A., any property taken or possessed in violation of these laws may be subject to forfeiture to the government pursuant to a civil proceeding in the High Court of American Samoa.