Dean Jay Fletcher fled to American Samoa on the Sea Oak in September last year.
Mr Fletcher was arrested in Tonga for the murder of his wife but In September he escaped custody.
He was recaptured later in American Samoa then taken to Honolulu where he is being held pending extradition to Tonga.
Tonga's attorney-general has now confirmed that Mr Fletcher's yacht departed American Samoa without authority.
Radio Tonga reported 'Aminiasi Kefu had requested in November that the US government return the yacht because it is related to the alleged crime.
The yacht went missing while the authorities waited for a response on the matter.
Mr Kefu said the Federal Court in Honolulu had accepted an extradition request but they're awaiting approval from the new Secretary of State.
Photo: Tauva Esera Dean Jay Fletcher taking a nap after arriving from Tonga in Pago Pago