Industry denies Jones Act hinders oil cleanup

Industry denies Jones Act hinders oil cleanup    Tired of recent reports that Jones Act requirements are hindering the BP oil cleanup in the Gulf of Mexico, the U.S.-flag vessel industry is speaking out.
   '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,' said Ken Wells, president of the Offshore Marine Service Association, based in Harahan, La. 'Worse, they are taking advantage of this disastrous situation to undermine American workers for the benefit of foreign companies and foreign workers.'
   The Jones Act is the common name for U.S. cabotage laws, which state that only U.S.-flag vessels with coastwise endorsements may transport merchandise or passengers between points in the United States.
   The law neither applies nor prevents foreign-flag vessels from working on oil skimming operations in waters beyond a state's three-mile coastal limit. For skimming activities within any state's three-mile limit, the Jones Act states that any such work, including skimming, must be performed by a U.S.-flag vessel, if one is available. If a U.S.-flag vessel is not available, there is a waiver process that can be used to bring in foreign-flag vessels.
   'The American maritime industry has not and will not stand in the way of the use of these well-established waiver procedures to address this crisis,' said the Maritime Cabotage Task Force, in a statement.
   However, the task force said, 'Countless American vessels are already responding in the Gulf. In addition, we know that many other American vessels are standing by ready to help.'
   Foreign-flag vessels have already been deployed for skimming work in the Gulf.
   On Thursday, the U.S. government requested additional equipment from the European Union to help contain the oil spill. The European Commission's Monitoring and Information Center immediately forwarded this request to the countries participating in the European Civil Protection Mechanism. Sweden, Germany, Norway, the United Kingdom, and the European Maritime Safety Agency have all offered booms.
   In a previous request, the United States asked for a specific type of sweeping arms to be attached to ships that are gathering the oil. The Netherlands provided three pairs of sweeping arms, which are already deployed in the United States. The European Maritime Safety Agency and Spain have offered additional sweeping arms.
   While U.S.-flag vessel operators said they would not stand in the way of legitimate Jones Act waiver requests, they remain vigilant against abuse of the laws.
   'We want to make crystal clear that in no way, shape or form are we taking any action that hampers the spill cleanup effort,' Wells said. '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.' ' Chris Gillis