Chapter 07 - Endangered Species

Chapter 07 - Endangered Species

24.0701 Definitions.

As used in this chapter, unless the context otherwise requires, the following meanings apply:

(1) “Commission” means the American Samoa Natural Resources Commission.

(2) “Endangered species” means any species of fish, plant life, or wildlife which is in danger of extinction throughout all or a significant part of its range other than a species of insects determined by the Commission or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this chapter would present an overwhelming and overriding risk to man.

(3) “Fish or wildlife” means any member of the animal kingdom, including any mammal, fish, amphibian, mollusk, crustacean, arthropod, or other invertebrate, and includes any part, product, egg, or offspring, or the dead body or parts thereof. Fish or wildlife includes migratory birds, nonmigratory birds, or endangered birds for which protection is afforded by treaty or other international agreement.

(4) “Import” means to bring into, or introduce into, or attempt to bring into, or introduce into, any place subject to the jurisdiction of this Territory.

(5) “Person” means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department, or instrumentality of the federal government, of any state or territory or political subdivision thereof, or of any foreign government.

(6) “Plant or plant life” means any member of the plant kingdom, including seeds, roots, and other parts thereof.

(7) “Species” includes any subspecies of fish, plant life, or wildlife and any other group of fish, plants, or wildlife of the same species or smaller taxa in common spatial arrangement that interbreed or cross-pollinate when mature.

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

(9) “Take” means, in reference to plants, to collect, pick, cut, dig up, or destroy in any manner.

(10) “Threatened species” means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.

24.0702 Commission-Establishment and duties.

(a) The American Samoa Natural Resources Commission is established. The Commission is comprised of 5 members appointed by the Governor and confirmed by the Legislature, who elect a chairman from their membership.

(b) The Commission shall meet periodically, but not less frequently than once every 2 months. The Commission, in cooperation with existing governmental agencies, shall develop and submit to the Legislature on or before 1 January 1991, the following information:

(1) a list of endangered species within the Territory:

(2) a list of threatened species within the Territory;

(3) a list of species whose taking should be regulated and suggested seasons or limits;

(4) suggested programs for the conservation, protection, restoration, and propagation of endangered and threatened species within the Territory;

(5) suggested sources of funding, private and public, for implementing this chapter.