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Chapter 02 - MARINE INSPECTION, CERTIFICATION, LICENSE

Sections:

20.0201 Purpose.

20.0202 Definitions.

20.0203 Board-Creation-Membership.

20.0204 Board-Powers-Duties.

20.0205 Procedures of board.

20.0210 Inspections.

20.0211 Adoption of rules incorporating safety inspection procedures.

20.0212 Certificates-Issuance or refusal.

20.0213 Certificate of inspection or registry-Grounds for refusal, revocation, suspension, or limitation.

20.0214 Certificates-Location-Produced on demand.

20.0215 Location and contents of certificates of registry.

20.0216 Boilers and pressure vessels and stationary or marine engines.

20.0217 Tramways and aerial cables.

20.0220 Change of vessel’s name.

20.0221 Report of change of ownership or interest.

20.0222 Marking of vessel.

20.0230 Licensure of masters, pilots, and engineers.

20.0231 License-Grounds for refusal, revocation, suspension, or limitation.

20.0232 License-Fees.

20.0241 Summary suspensions of license or certificate.

20.0242 Summary fines.

20.0243 Retention of vessel for inspection regarding suspected violations.

20.0250 Violation-Penalty.

 

20.0201  Purpose.

It is the purpose of this chapter to establish certain standards for the protection and promotion of the health, safety and general welfare of people of the Territory of American Samoa; to encourage the orderly scheduling and safe operation of vessels in interisland and coastwise traffic in American Samoa and adjacent waters; to promote the public health, safety and general welfare by preventing unfair competition by and between vessels operating in American Samoa; to provide for fair and uniform rates, procedures, and regulations dealing with vessels operating in interisland and coastwise shipping in American Samoa and adjacent waters.

 

History: 1971, PL 12-34 § 2.

 

20.0202  Definitions.

As used in this chapter:

(a) “Board” means the Board of Marine Inspectors.

(b) “Vessel” includes every description of watercraft (except longboats and paopaos) used or intended to be used as a means of transporting passengers or freight for profit.

 

History: 1971, PL 12, 34 § 3.

 

20.0203  Board-Creation-Membership.

There is a Board of Marine Inspectors composed of 5 qualified persons, appointed by the Governor of American Samoa, which shall have general superintendence over all vessels and seamen operating in interisland coastwise traffic in American Samoa and adjacent waters. In addition, the Board shall have general superintendence over all boilers and pressure vessels and over all tramways, aerial cables, and all stationary or marine engines.

 

History: 1971, PL 12-34  § 4; amd 1978, PL 15-68 § 1.

 

Amendment: 1978 Added sentence relating to superintendence of Board over boilers and pressure vessels, tramways, aerial cables and stationary or marine engines.

 

20.0204  Board-Powers-Duties.

(a) Subject to the provisions of this chapter, the Board may:

(1) issue registers and certificates of inspection (hull and machinery) for the operation of vessels;

(2) issue licenses for masters, pilots, and engineers after appropriate written and oral examinations as determined necessary by the Board;

(3) maintain records of Board proceedings and preserve copies of documents issued under this chapter;

(4) make all necessary inspections of vessels, boilers, and pressure vessels, tramways, aerial cables, and all stationary or marine engines in furtherance of the provisions of this chapter;

(5) promulgate rules necessary to effectuate the purposes of this chapter;

(6) hold hearings, compel attendance of witnesses order the production of documents and other tangible evidence and administer oaths; and

(7) refuse to issue, and revoke, suspend, limit or modify, a register, certificate of inspection or license provided for in this chapter.

(b) Subject to the provisions of this chapter the Board shall require an owner of a vessel engaged in commercial marine transportation for interisland travel to carry public liability insurance covering cargo and passengers in an adequate amount as determined by the Board.

 

History: 1971, PL 12-34 § 5; 1971, PL 12-63 § 1;amd 1978, PL 15-68 § 2; amd 1981, PL 17-15 § 3.

 

Amendment:  1978 Paragraph (4): added boilers and pressure vessels, tramways, aerial cables, and all stationary or marine engines”.

 

20.0205  Procedures of Board.

All procedures of the Board not set out in this chapter shall be conducted pursuant to the Administrative Procedure Act, 4.1001 et seq.

 

History: 1971, PL 12-34 § 18.

 

20.0210  Inspections.

The Board shall inspect, or cause to be inspected by a duly authorized representative, each vessel registered under this chapter. Such inspections shall be at reasonable times and places as the Board shall direct and shall be conducted at least once a year and at such other times as the Board shall deem necessary.

 

History: 1971, PL 12-34 § 7.

 

20.0211 Adoption of rules incorporating safety inspection procedures.

The Board is empowered to adopt rules incorporating by reference recognized safety inspection procedures of the Bureau of Shipping, Maritime Administration, or the United States Coast Guard. With reference to aerial tramways and aerial cables, the Board is authorized to contract with the manufacturer for appropriate inspection according to recognized industry standards.

 

History: 1978, PL 15-68 § 5.

 

20.0212  Certificates-Issuance or refusal.

Upon recommendation of the inspector, the Board shall either issue a certificate of inspection or shall refuse to issue such certificate. Upon refusal to issue such certificate, the Board shall list the reasons for the refusal.

 

History: 1971, PL 12-34 § 7.

 

20.0213   Certificate of inspection or registry-Grounds for refusal, revocation, suspension, or limitation.

A certificate of inspection or registry provided for in this chapter may be refused, revoked, suspended, limited, or modified for any one or combination of the following grounds:

(1) failure to comply with any of the provisions of this chapter or valid rules and regulations of the Board adopted in furtherance of the purpose of this chapter;

(2) fraud or misrepresentation in obtaining a registry or certificate of inspection;

(3) refusal to permit inspection subsequent to a change of the physical conditions of the vessel.

 

History: 1971, PL 12-34 § 13.

 

20.0214   Certificates-Location-Produced on demand.

All certificates of inspection issued under this chapter shall be kept on board the vessel at all times and produced upon demand made by the Board, its authorized representative, the Harbor Patrol of Pago Pago Harbor or the United States Coast Guard.

 

History: 1971, PL 12-34 § 7.

 

20.0215 Location and contents of certificate of registry.

All certificates of registry issued by the Board shall be kept on the vessel and shall contain the following information:

(1) ownership of vessel; if more than one owner, then the proportion of ownership of each;

(2) residence and citizenship of each owner;

(3) name of the vessel;

(4) vessel’s home port;

(5) gross and net tonnage of vessel;

(6) type of vessel and appropriate ship measurements;

(7) the name of the liability insurance carrier and the amount of insurance;

(8) any other information determined necessary by the Board.

 

History: 1971, PL 12-34 § 6; 1971, PL 12-63 § 2.

 

20.0216 Boilers and pressure vessels and stationary or marine engines.

All certificates of inspection of boilers and pressure vessels and stationary or marine engines issued by the Board must be affixed prominently on or near the boiler or on a tag affixed to the pressure vessel and shall show:

(1) the name of the manufacturer of the boiler, pressure vessel or stationary or marine engine with identifying data to match the boiler or pressure vessel with the inspection certificate;

(2) the date of all inspections and the name of the inspector; after 5 entries in a certificate a new form may be used, the old certificate to be retained by the owner of the boiler or pressure vessel in stationary or marine engine for at least 5 years:

(3) any other information determined necessary by the Board.

 

History: 1978, PL 15-68 § 3.

 

20.0217  Tramways and aerial cables.

All certificates of tramways and aerial cable-ways issued by the board must be affixed prominently on or near the main operating machinery of the tramway or aerial cableway, which shall show the dates of all inspections and the name of the inspector, and such other information as the Board may prescribe by rule. Operation of a tramway without a valid inspection certificate showing inspection within 1 year is prohibited.

 

History: 1978, PL 15-68 § 4.

 

20.0220  Change of vessel’s name.

No master, owner or agent may in any way change the name of a registered vessel without the authorization of the board pursuant to rules and regulations promulgated by the board.

 

History: 1971, PL 12-34 § 8.

 

20.0221 Report of change of ownership or interest.

It shall be the duty of the owner or owners to report any sale, lease or transfer, in whole or in part, by way of trust or otherwise, of any vessel to the Board within 10 days.

 

History: 1971, PL 12-34 § 9.

 

20.0222  Marking of vessel.

(a) All vessels registered under this chapter shall be marked as follows:

(1) name of vessel on both bow and the stem;

(2) hailing port on the stem;

(3) draft marks on the stern and stem of all vessels 50 gross tons and over;

(4) load waterlines between stem and stem midway on hull;

(5) official number and net tonnage on the vessel’s main beam;

(6) any other markings determined, necessary by the Board in furtherance of this chapter.

 (b) All markings shall be in block letters and numerals not less than 4 inches in height, except for draft markings, which shall be 6 inches in height. The markings shall be of a color which will contrast with the color of the hull so as to be distinctly visible and legible.

 

History: 1971, PL 12-34 § 10.

 

20.0230 Licensure of masters, pilots, and engineers.

 (a) All persons operating or performing technical duties on vessels engaged in coastwise or interisland traffic in American Samoa or adjacent waters shall be duly licensed by the Board as a master, pilot, or engineer. Issuance of the license shall be only to United States nationals, citizens or resident aliens who have resided in American Samoa 5 or more years. The vessel must be owned by a person legally conducting business in American Samoa, and must be registered in American Samoa.

 (b) Nothing in this section may be construed to limit or restrict the board’s authority to ascertain whether or not foreign vessels entering the Pago Pago Harbor and canning goods or people to or from American Samoa have been licensed by a comparable board of the port of their origin and that the vessel’s safety precautions and equipment meet the standards as promulgated by this chapter and duly authorized rules relating thereto.

 

History: 1971, PL 12-34 § 11.

 

Case Notes:

Creates duty to provide licensed crew for ship, breach of which constitutes negligence per se; recovery allowed. Tialigo v. Steffany, ASR 1976.

 

20.0231 License-Grounds for refusal, revocation, suspension, or limitation.

A license provided for in this chapter may be refused, revoked, suspended, limited, or modified by the Board for any one or combination of the following grounds:

(1) fraud or misrepresentation in obtaining a license authorized to be issued by the provisions of this chapter:

(2) breach of duty tending to endanger life or property;

(3) being under the influence of intoxicating liquor or drugs while actually performing required duties on a vessel;

(4) hindering, delaying or interfering with the Board or its authorized representative in the performance of his duties under this chapter;

(5) refusal to admit the Board or its authorized representative on board the vessel while performing duties under this chapter:

(6) willful and deliberate violation of any of the provisions of this chapter or any of the rules and regulations promulgated by the Board;

(7) failure to comply with any qualification or requirement provided in this chapter or any regulation promulgated under this chapter.

 

History: 1971, PL 12-34 § 12.

 

20.0232  License-Fees.

The following license fees are established:

(1) Master or engineer of boat carrying passengers, $5.

 

History: 1963, PL 8-6; 1969, PL 11-49; amd 1977, PL 15-35.

 

Research Guide: see 27.0243 for administration and enforcement of this section. 

 

20.0241 Summary suspensions of license or certificate.

(a) The protection of the safety and welfare of persons and goods transported on vessels registered in American Samoa is of vital concern to the people of American Samoa. The Board or its authorized representative shall have authority to immediately suspend any license or certificate issued pursuant to this chapter for violations of this chapter or the rules and regulations of the Board.

(b) Any suspension under this section shall be in effect until such remedial action is taken by the persons or vessel affected as is necessary under the circumstances and until the suspension is lifted, or until a hearing for a permanent revocation is conducted and an order issued.

 

History: 1971, PL 12-34 § 14.

 

20.0242  Summary fines.

(a) The Board or its authorized representative may summarily fine any person or vessel in violation of any provision of this chapter or of 20.0401 or rules of the Board in a sum not to exceed $100 per incident or, in the case of an overload violation, a sum not to exceed $25 per person or per 200 pounds of overload.

(b) Any person or vessel fined under this section may appeal the payment of the fine by filing a petition in the High Court of American Samoa, trial division, where the matter will be tried.

 

History: 1971, PL 12-34 § 15.

 

20.0243 Retention of vessel for inspection regarding suspected violations.

The Board or its authorized representative may temporarily retain any vessel when reasonable suspicion exists that there is a violation of a provision of this chapter or rules of the Board by a vessel carrying goods or passengers from any port, landing on islands of American Samoa. Retention of the vessel shall be only for that time needed to conduct an inspection to ascertain if such violation exists.

 

History: 1971, PL 12-34 § 16.

 

20.0250  Violation-Penalty.

Any person who is convicted of violating any section of this chapter or 20.0401 or any rules promulgated pursuant thereto shall be guilty of a class A misdemeanor and upon conviction, sentenced accordingly.

 

History: 1971, PL 12-34 § 19; amd 1980, PL 16-90 § 50.

 

Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal Justice.