(a) This section applies to the Humphead Wrasse (Cheilinus undulatus), also known as Napoleon Wrasse, Maori Wrasse, Lalafi, Tagafa, or Malakea.
(b) No person shall:
(1) Possess, deliver, carry, transport or ship by any means whatsoever Humphead Wrasse or the body parts of any such species;
(2) Import, export, sell or offer for sale any such species or body parts of such species; or
(3) Take or kill any such species in American Samoa.
(c) If any Humphead Wrasse is caught or captured, it shall be immediately released, whether dead or alive. If the Humphead Wrasse is captured alive, it shall be released in a manner that affords it the greatest opportunity for survival.
(d) It is not a defense that the Humphead Wrasse was caught or captured inadvertently, as bycatch, or from another fishery.
(e) For purposes of this section, there shall be a rebuttable presumption that any Humphead Wrasse, or part of a Humphead Wrasse, found in possession was possessed or transferred in violation of this section.
(f) Notwithstanding subsection (a), any person who holds a permit issued by the Department of Marine and Wildlife Resources to conduct scientific research shall not be subject to the penalties of this section.History: DMWR regs., Rule 02-12, eff 1 Nov 12.