Bill in Senate would allow licensing U.S.-flagged purse seiners

Pago Pago, AMERICAN SAMOA — An Administration bill was introduced in first reading before the Senate on Monday when it reconvened.

The proposed bill would grant the Department of Port Administration authority to issue porting/ landing licenses for purse seiner vessels.

 “The Department of Port Administration together with the Department of Marine and Wildlife Resources, have identified a strong need to establish a local licensing system for US-flagged purse seiner vessels that will aid the Territory in seeking full Small Islands Developing State (SIDS)/ Participating Territories benefits within the Western and Central Pacific Fisheries Commissions.

 “The American Samoa economy is highly dependent on the tuna industry and sustaining this sector is of critical importance, especially as it will now contribute greatly as another revenue source for the Territory.”

The bill says the development of this local licensing system enables the U.S. purse seiner fleet that supplies the local cannery to be recognized as an American Samoa -based fleet and this act shall establish a record of locally based purse seiner vessels that regularly land tuna to American Samoa, either for use in the tuna processing plant or for transshipment.

This bill will create a Chapter 6 in Title 20 A.S.C.A. to establish this new mandate to issue landing licenses to locally based purse seiner vessels to land tuna in American Samoa and establish and maintain a record of all locally based Purse Seiner vessels that regularly land tuna to American Samoa; either for use in the tuna processing plant or for transshipment, in support of the American Samoa tuna industry; and require locally based purse seiner vessels to land at least fifty percent (50%) of its tuna catch to American Samoa in support of the American Samoa tuna dependent economy.

It states the duties of the Director is to issue a landing license to any owner or operator of a Purse Seiner who submits the application and documents that are required by the Director along with payment of the required fee.

“Maintain a record of all locally based Purse Seiners who are licensed to land tuna under this chapter on behalf of their owner or operator; enforce the terms and conditions of landing licenses as determined by the Director to ensure compliance with this chapter and any applicable laws and rules; and carry out any other activities for the purposes of implementing this chapter.

“The Director shall have the authority to adopt, amend, and repeal rules pursuant to A.S.C.A. §4.1001 et seq., as required to implement this chapter.”

According to the bill, the grounds and procedure for suspension or revocation of a landing license is:

The Director may suspend or revoke a landing license of any owner or operator under this chapter for any one or combination of the following grounds: fraud or misrepresentation in obtaining a landing license authorized to be issued by the provisions of this chapter; willful and deliberate violation of any of the provisions of this chapter or any of the rules promulgated by the Director; failure to comply with any qualification or requirement provided in this chapter or any of the rules promulgated by the Director; violation of any law or rule related to operations of a vessel or any territorial or federal commercial fishing regulation.

 “Prior to issuing a suspension or revocation of a landing license, the Director shall provide the owner or operator written notice of the Director’s intention to suspend or revoke the landing license, and allow an opportunity for the owner or operator to respond in writing within seven days.”

The annual fee for a purse seiner landing license shall be prescribed in the rules promulgated by the Director and in the absence of any rules prescribing a fee, the annual fee for a purse seiner landing permit shall be $500.

“All revenues collected under the landing license fees of this Chapter shall be deposited in the general fund and earmarked fund for the Department to administer this chapter.”

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