Island Spear Co.

Regulations American Samoa

Spearfishing Regulations in American Samoa

Checked against the primary source (DMWR) on July 5, 2026territory

Governing agency: American Samoa Government Department of Marine and Wildlife Resources (DMWR). Last verified July 5, 2026 by independent primary-source check.

Summary

Spearfishing is legal and culturally central in American Samoa's reef waters — the sling/pole spear ('tuli a'au') is a traditional Samoan method and spears are an enumerated lawful fishing gear under territorial law. There is NO recreational or subsistence fishing license required in practice (only commercial fishermen must be licensed). Two rules dominate: SCUBA spearfishing is flatly prohibited territory-wide (you may not even possess SCUBA gear and a spear together), and spearfishing is banned entirely inside the National Marine Sanctuary of American Samoa and Rose Atoll refuge; inside National Park of American Samoa waters only pole-spear traditional-subsistence fishing is allowed (open to residents and visitors alike, no license, but pole spear only — never speargun or SCUBA). Village marine tenure is real: get village permission before fishing, and customarily do not fish on Sundays.

License

What you need to be legal

Not permittedNo license specifically required
License
Commercial Fishing License (commercial fishermen only). A recreational/subsistence license is authorized in the code but 'may be required' solely through the annual proclamation and is not issued or enforced in practice.
Who needs it
Recreational and subsistence spearfishers need NO license in practice. Under ASAC 24.0939 a commercial fishing license is required only for 'fishermen engaging in commercial fishing in the waters of American Samoa' — i.e. anyone selling, marketing, or earning income from the catch — and applicants must (1) have continuously resided in American Samoa at least one year, (2) show proof of legal residency or citizenship, and (3) show proof of previous fishing experience (s2, s3). The code adds that a recreational fishing license 'may be required... [with] requirements... detailed in the annual proclamation' (s2, s3), but no recreational/subsistence license is currently issued or enforced (see 'The full story').
Resident cost
No fee for recreational/subsistence spearfishing (no license required in practice). Commercial license fees are 'set in the annual proclamation' (ASAC 24.0939(g)) and are not published in the code itself 2.
Non-resident cost
Not applicable for recreational spearfishing — no license is required of anyone for non-commercial take. The commercial license is effectively closed to non-residents because it requires at least one year of continuous residency in American Samoa (s2, s3).
Where to buy
Commercial and other DMWR permits/licenses are issued by the Department of Marine and Wildlife Resources in Fagatogo (a 'Fishing License Application' is linked from dmwr.as.gov); applications go to the DMWR director on department forms (s1, s2).

Exemptions

  • All recreational and subsistence fishers (no fishing license required in practice for non-commercial take)
  • Non-commercial reef, spear, and subsistence fishing generally

The full story

The full story

American Samoa's fishing code contains a recreational-license provision that reads, on paper, like a requirement — but it is not one in practice. ASAC 24.0939(c) says only that 'a recreational fishing license MAY be required for fishermen engaging in subsistence or recreational fishing activities,' and that any such 'requirements... shall be detailed in the annual proclamation' (s2, s3). In other words, the code does not itself impose a recreational license; it merely authorizes the DMWR director to create one through the yearly proclamation. That switch has not been flipped for the reef fishery: American Samoa does not issue or enforce a recreational or subsistence fishing license, and the only license the department actually administers is the COMMERCIAL fishing license, which by its terms only reaches people who sell or earn income from their catch and which requires a year of local residency (s2, s3).

This tracks the reality of the fishery. Reef and spear fishing here is overwhelmingly non-commercial subsistence and cultural take — roughly 89% of 2024 landings were non-commercial — and the traditional sling/pole spear ('tuli a'au') is a living practice, not a permitted sport 7. So a visiting or local free-diver spearing reef fish for the table needs no license. We therefore set license.required to FALSE to reflect practice, not the conditional statutory text. The honest caveat: the terms are re-set every January in the annual proclamation, which is distributed at the DMWR office in Fagatogo and is not reliably posted online, so in principle a given year could add a recreational permit, fees, seasons, gear caps, or area closures. Verify the current proclamation with DMWR before you dive.

The rules that WILL get a diver in trouble are not about licenses. They are the territory-wide SCUBA ban (no spearfishing on tanks, and no carrying SCUBA gear together with a spear), the total spearfishing ban inside the National Marine Sanctuary of American Samoa and Rose Atoll refuge, the pole-spear-only / no-speargun / traditional-subsistence-only limits in National Park waters (open to visitors, but pole spear only and never on SCUBA), and the customary village tenure system — get village permission, respect VMPA closures, and don't fish on Sundays (s2, s4, s5, s6).

Where it's legal

Saltwater & freshwater

Saltwater

Legal

Legal territory-wide with hard limits. American Samoa is a group of Pacific islands surrounded by U.S. territorial seas, and reef spearfishing (traditional sling/pole spear and speargun) is a mainstream subsistence method (s2, s7). Spears are an enumerated lawful gear (ASAC 24.0901(14)) 2. But: (1) SCUBA/underwater-breathing-apparatus fishing is prohibited, as is possessing SCUBA gear and a spear together (24.0915-24.0916) 2; (2) all take/spearing is prohibited inside the National Marine Sanctuary of American Samoa (six units, incl. Fagatele Bay) 4 and inside Rose Atoll National Wildlife Refuge 2; (3) in National Park of American Samoa waters only traditional subsistence fishing is allowed — open to residents and visitors alike (no license/permit required to fish there), by rod-and-reel, net/basket, or pole spear only (no speargun) and never on SCUBA, and the Fagasa Bay No-Take Marine Protected Areas are closed to all fishing 5; (4) villages may impose their own closures and gear limits in Village Marine Protected Areas / community-based management areas 6. Prohibited species (turtles, marine mammals, undersized/egg-bearing invertebrates, slipper lobster by spear) apply everywhere 2.

Freshwater

Legal

American Samoa has only small, short island streams and brackish areas; there is no significant freshwater sport fishery. The territorial rules apply to 'all fresh and brackish waters as well as marine areas' (ASAC 24.0901(22)), so the same framework governs: spears are legal gear, but SCUBA fishing, explosives, poisons (including traditional plant poisons such as futu/Barringtonia and 'ava niukini/Derris), and electro-shocking are all prohibited 2. No freshwater-specific game-fish spearing ban was located; in practice freshwater spearfishing is negligible. Confirm any stream/estuary closures in the current annual proclamation.

Gear

What you can carry

Speargun
Legal in general reef waters — spearguns are a recognized subsistence gear (s2, s7). PROHIBITED inside the National Marine Sanctuary of American Samoa and Rose Atoll refuge, and NOT permitted in National Park waters, where only pole spears qualify as a traditional subsistence method (s4, s5). May not be used on SCUBA anywhere 2.
Pole spear
Legal in general reef waters, and the pole spear is specifically the spear method allowed for traditional subsistence fishing (by residents and visitors alike) in National Park of American Samoa waters ('rod and reel, net or basket, or pole spear methods only') 5. Prohibited inside the National Marine Sanctuary and Rose Atoll refuge (s4, s2).
Hawaiian sling
Legal in general reef waters — the sling/'tuli a'au' is a traditional Samoan spearfishing method 7. Explicitly PROHIBITED inside the sanctuary: the Fagatele Bay rule bans 'spear guns, including such devices known as Hawaiian slings, pole spears, arbalettes, pneumatic and spring loaded spear guns, bow and arrows, bang sticks, or any similar device' (s2, s4).
Spearfishing on SCUBA
NO — SCUBA spearfishing is prohibited territory-wide. ASAC 24.0915 makes it 'unlawful to take, or attempt to take, or assist in the taking of fish and shellfish... using SCUBA or any underwater breathing apparatus, except in accordance with a permit issued by the director.' ASAC 24.0916 goes further: it is unlawful to possess SCUBA (or any underwater breathing apparatus) AND a spear together on any vehicle, vessel, or along the shoreline without such a permit, and if you are caught with both the burden shifts to you to prove you did not intend to use them for illegal SCUBA fishing 2. The National Park likewise bars spearfishing while SCUBA diving 5. Free-diving/breath-hold spearfishing is the lawful mode.

Gear restrictions

  • SCUBA / any underwater breathing apparatus may not be used to take fish or shellfish, and SCUBA gear may not be possessed together with a spear, absent a DMWR permit (24.0915-24.0916) 2.
  • Using any light to attract fish is prohibited from one hour before sunset until one hour after sunrise (night-light ban) 6.
  • Bow-and-arrow / crossbow taking of fish or shellfish is prohibited 6.
  • Spears and snagging devices may not be used to collect slipper lobsters (24.0935(b)) 2.
  • Explosives, poisons/bleaches (incl. traditional futu and 'ava niukini), cyanide, and electric-shock devices are prohibited; mere possession near fishing waters is presumptively illegal (24.0911-24.0917) 2.
  • All spear gear (spearguns, Hawaiian slings, pole spears, arbalettes, bang sticks, bow-and-arrow) is banned inside the National Marine Sanctuary of American Samoa (24.0907(b)) (s2, s4).

Do not spear

Prohibited species

  • Sea turtles — green (Chelonia mydas), hawksbill (Eretmochelys imbricata), and leatherback (Dermochelys coriacea): take/possession prohibited (ASAC 24.0936) 2
  • Marine mammals — take/possession prohibited (ASAC 24.0935) 2
  • All invertebrates inside the National Marine Sanctuary (incl. spiny lobster, slipper lobster, tridacnid/giant clams, and even crown-of-thorns starfish) — fully protected (s4, s2)
  • Slipper lobster — may NOT be taken with spears or snagging devices, and no egg-bearing slipper lobster may be taken (ASAC 24.0935) 2
  • Spiny lobster — no egg-bearing individuals and none under 3-1/8 inch carapace length (ASAC 24.0936) 2
  • Giant/tridacnid clams under 7 inches, and egg-bearing coconut crabs and mangrove crabs (and undersized crabs) — take prohibited (ASAC 24.0930, 24.0933) 2
  • Coral — no collection of living coral shallower than 60 ft, no commercial harvest without permit (ASAC 24.0929) 2

Where you can't

Area restrictions

  • National Marine Sanctuary of American Samoa (NOAA) — six protected units including Fagatele Bay (designated 1986; expanded and renamed 2012): spearfishing and all spear gear are prohibited, fixed nets prohibited, and all invertebrates protected (15 CFR Part 922 subpart J; ASAC 24.0907) (s4, s2).
  • Rose Atoll National Wildlife Refuge: no taking or attempting to take fish, no possession/damage of invertebrates or coral, and no entry without a DMWR special-use permit (ASAC 24.0909) 2.
  • National Park of American Samoa waters (Tutuila, Ofu, Ta'u): only traditional subsistence fishing is allowed — open to residents and visitors alike (NPS states no license or permit is required for visitors to fish here) — by rod and reel, net or basket, or pole spear only (no speargun) and never while SCUBA diving; the Fagasa Bay No-Take Marine Protected Areas are closed to all fishing; obtain village permission before fishing; customarily do not fish on Sundays 5.
  • Village Marine Protected Areas (VMPAs) / Community-Based Fisheries Management Areas: individual villages set their own closures, seasons, species, and gear restrictions by consensus of the matai; only approved subsistence methods are allowed inside them (ASAC Ch.10, 24.1009) 6.
  • Restricted areas defined each year in the DMWR annual proclamation (seasons, area and gear restrictions, harvest limits) (ASAC 24.0905-24.0906) 2.

Worth knowing

Notable rules, seasons & limits

  • SCUBA spearfishing is banned territory-wide — and you can be cited just for having SCUBA gear and a spear on the same boat, vehicle, or shoreline; the burden is on you to prove innocent intent (24.0915-24.0916) 2.
  • Village marine tenure is legally and culturally binding: get village permission before fishing in nearshore/park waters, and expect villages to enforce their own VMPA closures (s5, s6).
  • Do not fish on Sundays — a strong cultural norm, and explicitly listed as a rule for National Park waters 5.
  • No lights to attract fish from 1 hour before sunset to 1 hour after sunrise (night-light ban) 6.
  • Free-diving/breath-hold is the lawful mode for spearfishing; spearguns, Hawaiian slings, and pole spears are all fine on breath-hold in open reef, but ALL are banned inside the National Marine Sanctuary (s2, s4).
  • No recreational or subsistence fishing license is required in practice — only commercial fishermen must be licensed (see 'The full story') (s2, s7).

What divers here typically use

Gear up for American Samoa spearfishing

Most divers working American Samoa's coast start with a band speargun sized to the water and the fish they are after. Our honest guide to the Best Speargun for Beginners walks through what to look for — curated from published specs and community consensus, not paid placement.

If you break them

Penalties

Under ASAC 24.0947 a violation of the fishing rules is a class B misdemeanor punishable by a fine not to exceed $500, or imprisonment of more than 15 days but not more than six months, or both. A business entity in violation is fined not less than $1,000 per violation, and property taken or possessed in violation may be forfeited to the government by civil proceeding in the High Court of American Samoa. Enforcement is by deputized DMWR staff and ASG Public Safety officers (and, in the sanctuary, jointly with NOAA Office of Law Enforcement) (s2, s4).

Not yet independently confirmed — verify directly

  • The text of the CURRENT-year DMWR annual proclamation could not be obtained online (it is distributed at the DMWR office in Fagatogo). The proclamation is where seasons, area/gear restrictions, harvest limits, license/permit fees, and any activation of a recreational license are set each January — so a given year could add requirements not reflected here.
  • Whether any individual Village Marine Protected Area currently bans spearfishing outright (villages set their own gear/species/closure terms by matai consensus) — verify with DMWR or the specific village before diving there.
  • Exact commercial fishing license fees (the code defers them to the annual proclamation and does not state a dollar amount).
  • Whether newer amendments to ASAC Title 24 have renumbered or superseded specific 1995 section numbers cited here (Chapter 09 vs Chapter 10 overlap); the substantive rules (SCUBA ban, sanctuary spear ban, license structure, penalties) were cross-confirmed across both instruments, but exact current section numbers should be re-checked against the live ASAC before publication. (The source PDF itself carries duplicate/erroneous section numbers — e.g. 24.0935 and 24.0936 each appear twice — so section numbers are indicative, not authoritative.)

Confirm these points directly with American Samoa Government Department of Marine and Wildlife Resources (DMWR) before you rely on them.

Primary sources

Sources

Every fact above is drawn from these official sources. Each was retrieved on the date shown; regulations can change after that date.

Quick answers

Frequently asked questions

Is spearfishing legal in American Samoa?
Yes — spearfishing is legal in American Samoa's saltwater, and it is permitted in fresh water, subject to license, gear, species, and area rules. Legal territory-wide with hard limits. American Samoa is a group of Pacific islands surrounded by U.S. territorial seas, and reef spearfishing (traditional sling/pole spear and…
Do you need a license to spearfish in American Samoa?
No license is specifically required to spearfish in American Samoa, but other rules still apply. Recreational and subsistence spearfishers need NO license in practice. Under ASAC 24.0939 a commercial fishing license is required only for 'fishermen engaging in commercial fishing in the waters of American Samoa' — i.e. anyone selling, marketing, or earning income from the catch — and applicants must (1) have continuously resided in American Samoa at least one year, (2) show proof of legal residency or citizenship, and (3) show proof of previous fishing experience (s2, s3). The code adds that a recreational fishing license 'may be required... [with] requirements... detailed in the annual proclamation' (s2, s3), but no recreational/subsistence license is currently issued or enforced (see 'The full story').
Can you spearfish on scuba in American Samoa?
NO — SCUBA spearfishing is prohibited territory-wide. ASAC 24.0915 makes it 'unlawful to take, or attempt to take, or assist in the taking of fish and shellfish... using SCUBA or any underwater breathing apparatus, except in accordance with a permit issued by the director.' ASAC…
What can't you spear in American Samoa?
Protected or no-take species you may not spear in American Samoa include: Sea turtles — green, Marine mammals — take/possession prohibited, All invertebrates inside the National Marine Sanctuary, Slipper lobster — may NOT be taken with spears or snagging devices, and no egg-bearing slipper lobster may be taken, Spiny lobster — no egg-bearing individuals and none under 3-1/8 inch carapace length, Giant/tridacnid clams under 7 inches, and egg-bearing coconut crabs and mangrove crabs, Coral — no collection of living coral shallower than 60 ft, no commercial harvest without permit. Always check the full prohibited-species list and current seasons before diving, and confirm with American Samoa Government Department of Marine and Wildlife Resources (DMWR).

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Last verified July 5, 2026. Regulations change — always confirm the current rules with American Samoa Government Department of Marine and Wildlife Resources (DMWR) before you dive.

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