Chapter 23 - Conservation of Flying Foxes

Chapter 23 - Conservation of Flying Foxes

24.2301 Short Title.

This chapter shall be known as the “Flying Foxes Conservation Act”.

24.2302 Policy.

It is the public policy of American Samoa and the purpose of this chapter to conserve and protect from extinction the population of the three species of flying foxes indigenous in American Samoa: the pe’a (Pteropus tonganus), pe’a vao (Pteropus samoensis Peale) and pe’ape’a (Emballonura semicauadata).

24.2303 Commercial hunting and exportation banned.

All commercial hunting or exportation of flying foxes is prohibited.

24.2304 Private hunting regulated.

Private hunting of flying foxes is regulated as follows:

(1) flying foxes killed are for personal use only and may not be sold or exchanged for value;

(2) hunting during daylight hours before 6:00 p.m. each day is prohibited.

(3) shooting at roosts is prohibited;

(4) reasonable bag limits, not to exceed 7, shall be established by rule; and

(5) hunting is permitted only from 1 May to 31 July each year.

24.2305 Administration of this chapter.

(a) The Director of Marine and Wildlife Resources has the responsibility for the administration of this chapter.

(b) The Director is authorized and directed to:

(1) design and conduct periodic censuses and other studies of flying fox populations to monitor the status and provide the basis for future management of the populations;

(2) promulgate rules in accordance with 4.1001 et seq., not inconsistent with laws, as may be reasonably necessary and appropriate to establish bag limits on the private hunting of flying foxes, define the nurturing season of flying foxes, protect roosting areas and other areas of importance to flying foxes from disturbance, and otherwise accomplish the purposes of this chapter: and

(3) exercise all other powers not inconsistent with laws or rules as may be reasonably necessary or incidental to administration of this chapter.

24.2306 Violation-Penalty.

Any person who violates any of the provisions of this chapter or any of the provisions of the rules promulgated pursuant to this chapter shall be guilty of a class A misdemeanor.