MORAL, NOT LEGAL, OBLIGATION REQUIRES USE OF U.S. VESSELS IN GULF

News Release Offshore Marine Service Association OMSA June 12, 2010

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Harahan, LA -- Recent news
stories have been erroneously reporting that foreign skimming vessels are not
able to work on the BP oil spill clean up because of the Jones
Act.  These reports are incorrect. The Jones Act does not apply
and therefore does not prevent foreign vessels from working on oil skimming
operations in waters beyond the state’s three mile limit.  In fact, a
number of foreign vessels have been working at the scene for some
time.   
 
For skimming activities within any state’s
three mile limit, longstanding and established law says that any such work,
including the skimming activity, must be performed by a U.S. vessel, if one is
available.  If a U.S. vessel is not available, there is a
waiver process that can be used to bring in foreign vessels.  We are
not yet aware of any waiver request being made because a U.S. vessel is not
available.  The important distinction is that under the Jones
Act, foreign vessels may be used only if U.S. vessels are not
available.  
 
“Once again, it appears that critics of the
Jones Act are distorting the facts by claiming that the Jones Act applies in an
instance when it simply doesn’t, or where it does, not being forthcoming with
the law and the facts.  Worse, they are taking advantage of
this disastrous situation to undermine American workers for the benefit of
foreign companies and foreign workers” said Ken Wells, President of the Offshore
Marine Service Association (OMSA).  “But even in instances
where the law does not require the use of a U.S. vessel, BP should make every
attempt to hire U.S. vessels and their workers.  The entire
Gulf Coast and surrounding areas have been hurt by the BP spill.  The
seafood and tourism industries have suffered.  And it doesn’t
make sense now to put the Gulf Coast maritime industry out of work just to give
jobs to a few foreign boats,” he continued
 
OMSA, on behalf of the owners and operators
of U.S. flag vessels that work in the offshore energy sector, is working
diligently to make sure that the spill is brought under control and cleaned up
as quickly as possible.  OMSA is also making sure that available
American vessels are put to work and, if a waiver is necessary, that this is
accomplished quickly and effectively.   
 
“We want to make crystal clear that in no
way, shape or form are we taking any action that hampers the spill cleanup
effort.  However, this should not become an excuse for foreign
companies to take advantage of this tragic accident for their own gain or for
opponents of the law to try to undercut it,” Wells
said.
The Jones Act is the common name for the
U.S. cabotage laws, which say that only U.S. flag vessels with coastwise
endorsements may transport merchandise or passengers between points in the
United States.  The original cabotage laws trace back to the founding
of our nation and have served to maintain a domestic shipbuilding and maritime
industry throughout our history.</DIV></BODY></HTML>