PAGO PAGO, American Samoa — Gov. Togiola Tulafono cannot bar Hawaiian Airlines from flying its Honolulu-Pago Pago route because the flights are covered by federal regulations, according to a legal opinion.

The opinion written by local lawyer Jeff Waller was requested and made public by the U.S. territory's Senate. Tulafono issued an executive order demanding Hawaiian's withdrawal in favor of another airline last week.

"The Senate is concerned about this form of action taken against a business operating in the territory and the message it sends to future potential investors who are contemplating the possibility of doing business in our territory," Senate President Lolo M. Moliga said yesterday.

He indicated, however, that senators agree with Tulafono's goals of better air service for the territory.

The governor has complained that the Honolulu-based airline, which has a monopoly on the key route linking American Samoa to the U.S., overcharges and subjects local citizens to discrimination and ethnic harassment.

Airline spokesman Keoni Wagner has said Hawaiian officials do not believe the governor's order has any legal power and that the carrier would continue to fly between American Samoa and Hawai'i.

The governor, in a weekend radio address, insisted American Samoa controls its borders, and government approval is needed to clear any flights in or out of the territory. Waller, of the law firm Hall and Associates, said that while the governor would have the authority to set aside a foreign corporation's permit under American Samoan law, the U.S. Constitution requires the supremacy of federal law.

The opinion said the airline's authority to fly is granted by the Federal Aviation Administration, not the territorial government.

It said federal laws and regulations are extensive and pre-empt "any state or territorial law concerning air carriers."

The opinion also notes that Tulafono had not alleged that Hawaiian presented false information to obtain its business license and, therefore, he did not appear to be trying to revoke its business license.

Even that, however, may not be able to stop the airline from operating under FAA authorization, he said.

There was no immediate comments from Tulafono's office on the opinion.

FAA spokesman Allen Kenitzer in Seattle earlier told The Advertiser that only the FAA could withdraw an airline's permission to fly a route, and that would require legal procedures, including a chance for the airline to respond.