The Jones Act - Skimmers - Oil Spill Clean up
FREQUENTLY ASKED QUESTIONS ABOUT THE JONES ACT AND THE
GULF OIL SPILL
WHAT IS THE JONES ACT? The Jones Act refers to several
provisions of federal law that reserve certain maritime services within
American domestic waters for U.S.-built, U.S.-owned, and U.S.-crewed
vessels.
HAS THE JONES ACT RESULTED IN FOREIGN VESSELS, PARTICULARLY FOREIGN
SKIMMING VESSELS, BEING TURNED AWAY? The National Incident Command
(NIC) says there has been no case where an offer of foreign assistance has
been declined because of the Jones Act. In fact, the U.S. State Department
has said that [a] number of offers of assistance have been accepted,
including Mexican skimmers, Norwegian skimming systems and other assets from
Canada, Germany, and the Netherlands. The Jones Act does not even apply to
skimming operations outside of 3 miles from shore. Oil skimming outside 3
miles, including near the well 50 miles from shore that is the source of the
leak, is completely open to foreign oil spill response vessels. That is
where the vast majority of skimming has occurred so far.
The Jones Act also can be waived on a case-by-case basis if there is a need
but no American vessel is available to meet that need. That waiver process
is always quick but it has been streamlined even further by Admiral Thad
Allen and the NIC since the spill to deal with any waiver requests.
Additionally, on June 16, 2010, the Coast Guard Federal On-Scene Coordinator
for the oil spill determined that there is an insufficient number of
specialized oil skimming vessels in the U.S. to respond to this spill. This
determination allows foreign specialized skimming vessels to be deployed
within 3 miles of the shore if the foreign country provides the same
privileges to American skimming vessels in that country s waters.
ARE THESE CASE-BY-CASE WAIVERS BEING GRANTED? The NIC says no waivers
of the Jones Act have been required because none of the foreign vessels
currently operating as part of the BP Deepwater Horizon response has
required such a waiver.
http://www.mctf.com/Frequently_Asked_Questions - 062310.pdf
Statement of Maritime Cabotage Task Force Opposing S. 3525, Legislation
to Repeal Jones Act
June 28, 2010
Statement of Maritime Cabotage Task Force Opposing S. 3525, Legislation to
Repeal Jones Act
Washington, D.C – We oppose this legislation. All the McCain bill would do
is put more Americans out of work.
The McCain bill proposes to eliminate the very American industry that is
helping to clean up the spill - an industry that supports 500,000 U.S. jobs
- and outsource that work to foreign workers and foreign companies
registered in nations like Liberia and the Marshall Islands that operate
outside of American law. Using a spill caused by foreign companies as a
pretext to bring in more foreign companies is a backward approach. It makes
as much sense as replacing the American workers currently cleaning up the
Gulf beaches with foreign companies and foreign workers.
The McCain legislation is based on the completely false claim that the Jones
Act is hindering the Gulf clean-up effort. The Coast Guard and National
Incident Command have unambiguously rejected that idea. They should know the
truth better than anyone. While there is a critical shortage of supplies
like skimmers and boom, scores of large American vessels are standing by in
the Gulf ready to deploy these supplies and equipment as they become
available. Specialized foreign oil spill response vessels are welcome and
already working -- they either do not need a Jones Act waiver, or can get
one without delay.
Finally, the McCain bill is based on studies that are outdated and widely
discredited. Long ago, the U.S. Government Accountability Office in response
to a request from Senator McCain reviewed those same studies and advised the
Senator that they failed to accurately assess the costs and benefits of the
Jones Act.
Maritime Cabotage Task Force (
http://www.mctf.com ) was founded in 1995 to promote the U.S.-flag fleet
engaged in domestic waterborne commerce. With more than 400 members, MCTF is
the largest coalition ever assembled to represent the domestic segment of
the U.S. merchant marine. Nationwide, there are more than 39,000 vessels
engaged in Jones Act commerce and they annually move more than 1 billion
tons of cargo and 100 million passengers. The Jones Act annually generates
more than $100 billion in total economic output, adds $46 billion to the
value of U.S. economic output, provides $29 billion in wages for nearly
500,000 workers, and contributes $11 billion in federal, state, and local
taxes. The Act has been broadly supported by every Congress and
Administration since its passage in 1920 and is considered a key element in
the nation’s national defense capabilities.
http://www.mctf.com/2010 0628 S3525.pdf
For more information about the Jones Act, contact Mark Ruge at the Maritime
Cabotage Task Force
at 202/661-6231 (office) and 202/494-2256 (cell).
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