Search and Seizure - Equipment and Vehicles - American Samoa

(a) Any person who violates any provision of this chapter or of rules promulgated under this chapter shall be guilty of a class B misdemeanor. A business entity found in violation of this chapter or of rules promulgated under this chapter shall be fined not less than $1,000 per violation except that a person who violates 24.0311 shall be fined not less than $50,000 per violation.

(b) Any property taken or possessed in violation of any provisions of this chapter or of the rules promulgated under this chapter including the vessel and the fish caught, may be subject to forfeiture to the government pursuant to a civil proceeding in the High Court of American Samoa with monies received from the sale thereof to be used for the purpose of policing and enforcement by the Office of Marine and Wildlife Resources.

(c) Any person in possession of a catch that appears to have been caught in a drift gillnet and that either the local or federal inspector has reasonable grounds to believe was caught in a drift gillnet shall be presumed to have been taken from the waters of American Samoa.

Citation:  Am. Samoa Code Ann. § 24.0312