24.0901 Definitions.

Cite as [A.S.A.C. § 24.0901]

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

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

(3) “Fish” means those species of the classes osteorchthyes, condrichtyes and agnathes that shall not be fished for except as authorized by rule of the Director. The term “fish” includes all stages of development and the body parts of fish species (A.S.C.A. § 24.0302(3)).

(4) “Shellfish” means those species of marine and freshwater invertebrates that shall not be taken except as authorized by rule of the Director. The term shellfish includes all stages of development and the body parts of shellfish species (A.S.C.A. § 24.0302(5)).

(5) “Aquarium fish” means any fish or shellfish collected alive and intended for home display or for the commercial aquarium fish industry.

(6) “Commercial fishing” means any fishing activity in which part or all of the catch is sold or marketed or for which the fisherman receives income as a result of the fishing activity, such as payment for fishing charter, a salary for fishing, or cash for their portion of the catch.

(7) “Coral” means any living aquatic organism of the subphylum cnidaria that are capable of secreting hard skeletal parts or can incorporate stony secretions within or around their tissues e.g. ermatypic corals, black coral, precious corals, blue coral, organpipe corals, fire corals, lace corals, etc.

(8) “Deep-water bottom fish” means those species of fish that live on or near the bottom and are taken at depths greater than 200 feet.

(9) “Drift Gillnet” means any net that is deployed without being staked or otherwise attached to the shore or bottom so that it is able to drift unattached.

(10) “Fish aggregation device (FAD) ” means any object moored in the offshore waters of American Samoa for the purpose of attracting fish.

(11) “Fish habitat” means any organic or inorganic material so configured as to create an environment that attracts, retains or is significantly used by populations of fish and/or shellfish.

(12) “Fish / Shellfish trap” means any portable or unbaited fish catching apparatus consisting of an enclosure with entrances designed to admit and retain the catch.

(13) “Fish weir” means any baited or unbaited fish or shellfish catching apparatus consisting of a pocket or trap that is placed in a fixed position.

(14) “Fishing” means to take or attempt to take fish or shellfish by any means. This includes, but is not limited to, the use of gear such as hook and line, spears, nets, traps, weirs, and prohibited gears such as dynamite and fish poisons.

(15) “Ornamental shells” means any shellfish collected primarily for the value of their shell.

(16) “Recreational mooring buoy:” Any buoy or mooring device deployed by the department or the United States Government for the purpose of preventing damage to coral or fish habitat by giving recreational vessels a safe option to anchoring.

(17) “Subsistence fishing” means any fishing activity where the catch is not sold or marketed but is shared within the family or village structure for the purpose of home consumption.

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

(19) “Traditional fish trap” means any fish or shellfish trap constructed of natural materials in the style of traditional Samoan fish traps (Enu, Faga, Sele, etc.).

(20) “Traditional surround net” means a large leaf sweep apparatus constructed of natural materials in the style of the traditional Samoan lau.

(21) “Vessel” means any sort of water craft or float used to transport persons or gear.

(22) “Waters of American Samoa” means all fresh and brackish waters, reefs, and intertidal zones, as well as marine areas within the U.S. Territorial seas surrounding the islands of American Samoa.

(23) “Buy” means to purchase, barter, exchange or trade, and includes an offer to buy.

(24) “Sell” means to exchange or offer to exchange for a price or something of value and includes possession for sale, barter, exchange or trade.

(25) “SCUBA gear” means the use of a portable and self-contained underwater breathing device, consisting of compressed air tanks and breathing regulator, or any other device used to deliver compressed air to a diver, that allows a diver to successfully remain underwater longer than a person can hold his or her breath.

(26) “Live rock” means any coral or basalt rock with living marine organisms growing on it.

History: DMWR regs., eff 3 Aug 95.