24.0926 Use of SCUBA gear at night.

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It is unlawful to take, attempt to take, or assist in the taking of fish or shellfish (or both) in any quantity using SCUBA gear after sunset and before sunrise.

(a) Possession or custody of fish or shellfish (or both) and SCUBA gear by any person when in or on the waters of American Samoa, in vehicle or vessel, or on the shoreline close to fishing locations, during the period commencing one hour after sunset and terminating one hour after sunrise, shall be prima facie evidence that the catch or harvest was taken in violation of this section.

(b) In all cases where such possession or custody is proven, the burden of proof shifts to the person found to be in possession to show that the catch or harvest was taken after sunrise and before sunset.

History: DMWR regs., eff 3 Aug 95; Rule 02-12, eff 1 Nov 12.

Amendments: 2012, renumbering.