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24.1023 Fishing or Taking Fish in a Village Marine Protected Area.

Cite as [A.S.A.C. § 24.1023]

(a) The following methods of Fishing or Taking Fish or Shellfish shall be the only Approved Fishing Methods for Fishing or Taking Fish or Shellfish in any Village’s Marine Protected Area.

(i.) Fishing with a rod and reel;

(ii.) Fishing with a bamboo pole;

(iii.) Fishing with a hand line;

(iv.) Fishing by Gleaning;

(v.) Fishing with a hand thrown pole spear;

(vi.) Fishing with a throw net;

(vii.) Fishing with a Fish or Shellfish Trap;

(viii.) Traditional Samoan fishing methods such as the use of Lau and the enu and spear; and

(ix.) Fishing using spear gun(s).

(b) Any other method of Fishing or Taking Fish, other than the methods listed in subsection (a) of this section, shall be an illegal Fishing method and shall violate the provisions of the Community-based Fisheries Management Program.

(c) Any Village may further restrict Fishing or the Taking of Fish or Shellfish on or in its designated Village Marine Protected Area by:

(i.) Restricting all Approved Fishing Methods for a certain period of time;

(ii.) Limiting the type of Approved Fishing Methods allowed to be used in a Village Marine Protected Area;

(iii.) Banning all forms of Fishing in the Village Marine Protected Area;

(iv.) Restricting the area or areas within a Village Marine Protected Area where Fishing is allowed;

(v.) Restricting Fishing by declaring Open Seasons when Fishing is allowed;

(vi.) Restricting the total number of all Fish and/or Shellfish that a Person is allowed to Take during one (1) Day or other specified Time Period(s);

(vii.) Restricting the total number of a species of Fish and/or Shellfish that a Person is allowed to Take during one (1) Day or other specified Time Period(s);

(viii.) Restricting a Time Period during a Day when Fishing is allowed;

(ix.) Restricting the type or species of Fish that may be Taken;

(x.) Restricting the size of Fish that may be Taken by instituting size limitations requiring Taken Fish to exceed an overall Length of Fish;

(xi.) Banning all Night Fishing;

(xii.) Allowing only Subsistence Fishing or the Taking of Fish or Shellfish for Subsistence Uses or Cultural Uses;

(xiii.) Instituting harvest limits that limit the total amount of Fish or Shellfish or a type of Fish or Shellfish that can be Taken from the Village Marine Protected Area;

(xiv.) Banning all Commercial Fishing;

(xv.) Banning the Taking of Fish or Shellfish with the aid or use of lights; and/or,

(xvi.) Restricting or banning other activities in a Village Marine Protected Area including, but not limited to, swimming, wading, and surfing.

History: Rule 1-08, eff 2008.