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Jones Act not hampering Gulf clean up
Marinelog.com ^ | June 12, 2010 | marinelog.com

Posted on 06/19/2010 9:44:32 PM PDT by capt.P

Recent news stories have suggested that foreign skimming vessels are not able to work on the Deepwater Horizon spill cleanup because of the Jones Act. These reports are incorrect, says the Offshore Marine Service Association (OMSA). OMSA points out that the Jones Act does not apply and therefore does not prevent foreign vessels from working on oil skimming operations in waters beyond a 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," says OMSA. "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.

Separately, the Marine Cabotage Task Force issued a statement saying that "the American maritime industry supports immediate action to address the unfolding environmental disaster in the Gulf." The statement noted that the Jones Act requires that American vessels be used for domestic transportation activities in the U.S. and that "countless American vessels are already responding in the Gulf" with "many other American vessels ... standing by ready to help."

"There are well-established federal procedures for waiving the Jones Act to bring in foreign vessels in those situations were American vessels are not available," said the MCTF. 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.


TOPICS: Business/Economy; Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: jonesact; oil; oilspill
Sort of a Capt. Obvious post to people employed in the marine trades or in the oil industry, but there's a lot of intellectual masturbation going on out here in this subject. Thought I'd share a little truth on what's happening in the real world.
1 posted on 06/19/2010 9:44:33 PM PDT by capt.P
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To: capt.P

Well that’s comforting to know. I mean, the clean-up is going so well...

:eyes roll:


2 posted on 06/19/2010 9:48:29 PM PDT by NohSpinZone (First thing we do, let's kill all the lawyers)
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To: capt.P

So the questions is are there enough skimmers out there doing the job or do we need more. I would think we need all we can get.


3 posted on 06/19/2010 9:51:23 PM PDT by Parley Baer
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To: capt.P

So, it’s just because the present administration itself won’t allow/accept the expertise and equipment offered.


4 posted on 06/19/2010 9:51:45 PM PDT by skr (May God confound the enemy)
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To: NohSpinZone

If there are more skimmers out there that aren’t working they should be..regardless of flag. We aren’t talking about ordinary vessels but specialized skimmers..


5 posted on 06/19/2010 9:52:50 PM PDT by Oldexpat
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To: capt.P

That doesn’t mean the Zer0 admin didn’t use the act as an excuse...


6 posted on 06/19/2010 9:53:59 PM PDT by ltc8k6
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To: capt.P

The American Maritime Industry has nothing to do with the situation - O-Dumb-oh refused to waive the Jones Act; it’s up to him, not the farging American Maritime Industry. As a consequence of the Messiah’s divine guidance, European countries which have skimmers were prevented from providing aid.

There oughta be a filter against shills on FR. There are way too many dumbocrats out plying the internet waters!


7 posted on 06/19/2010 9:54:17 PM PDT by Rembrandt (.. AND the donkey you rode in on.)
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To: capt.P

I thought the Dutch had specialty ships that we don’t have.


8 posted on 06/19/2010 9:55:09 PM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: capt.P
So the reason why 0 turned down the offered help had nothing to do with the Jones Act?

Anyway thanks for the info.

9 posted on 06/19/2010 9:55:36 PM PDT by Tribune7 (The Democrat Party is not a political organization but a religious cult.)
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To: capt.P

Since US ships are getting up every drop of the spill.....


10 posted on 06/19/2010 9:55:38 PM PDT by eddie willers
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To: capt.P
OMSA is a labor organization and not to be taken as a credible source. They are being dishonest by focussing on the Jones Act, because the Jones Act is only one of many cabotage laws which govern coastal shipping activities.

If you want to buy into the union thug story, be my guest. These a-holes are lying.

11 posted on 06/19/2010 9:57:12 PM PDT by hinckley buzzard
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To: capt.P
Some of the foreign vessels are better equipped to complete certain aspects of the clean up than US ships. I am sure we will use American vessels when the jobs call for it...but what is wrong with help to sped up the process and borrow on a little expertise in some areas we are not familiar with?
12 posted on 06/19/2010 9:57:48 PM PDT by katiedidit1
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To: hinckley buzzard

In other words, it’s a CYA move for Obama and the unions!


13 posted on 06/19/2010 9:59:48 PM PDT by princeofdarkness ("Obama Lied. Liberty, Morality, and Prosperity Died.")
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To: capt.P

http://gatewaypundit.firstthings.com/2010/06/breaking-obama-administration-only-accepted-help-from-5-countries-out-of-28-that-offered-assistance/

As the Gulf Coast shores continue to be coated with crude, the Obama Administration has only accepted assistance from 5 countries out of 28 who offered to assist the US with the cleanup.

And there’s lots of skimmers and boom on that list that are “under consideration”


14 posted on 06/19/2010 10:00:24 PM PDT by digger48
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To: capt.P

We should be using, or negotiating to use, every capable vessel to contain and control the spill regardless of the flag it flies under.

The idea that there are sufficient US flag vessels to contain the spill is ludicrous on the face of it because if that were true, there would be no oil washing up on American shores.

I am not sure exactly what is going on here, but I am sure that this article is more self-serving than not.


15 posted on 06/19/2010 10:00:41 PM PDT by Ronin
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To: capt.P
I have never heard of this magazine, so I checked the info at the site:

http://www.marinelog.com/DOCS/2hist.html

A long history.

Some here are saying that because there is some union connection this is all automatically suspect, but it seems to me the point of the piece you posted is that the Jones Act ISN'T preventing the use of foreign vessels.

If that's true, I don't see how this is some "CYA" article for "The Unions". What it seems to be saying is that Obama has no excuse for using any foreign vessels.

If this is the case, this is good information to know, and thanks for posting it.

16 posted on 06/19/2010 10:11:41 PM PDT by Darkwolf377 ("You seem to believe that stupidity is a virtue. Why is that so?"-Flight of the Phoenix)
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To: Darkwolf377

Thanks,

I’m not sure what unions anyone would be talking about. Unions don’t cover oil rigs, and the Gulf Of Mexico has no union mariners, beyond the boats that transit from the east and west coasts. Small boats don’t do much union work.


17 posted on 06/19/2010 10:16:59 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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To: Rembrandt

Actually, it does, since the Maritime Administration is made up of the mariners who do the work that is needed here.
You should read the article. L0bama has nothing to do with this. He was busy getting his balls washed on the putting green with his pet mongoloid Biden.


18 posted on 06/19/2010 10:22:05 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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To: hinckley buzzard

Wow, I donno what planet you’re talking about, but here in the US, OMSA is an industry association. They have nothing to do with labor. You should get out of mom’s basement more.


19 posted on 06/19/2010 10:23:50 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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To: Parley Baer

Parley Baer, you’ve hit the nail on the head. The fact is, however, that no one is going to operate a workboat until they can get paid to do so. I think that people have this idea that we’ve got the ability to vacuum up every drop of oil out there- even when we’ve got the equipment to do the job, response vessels are exceptionally unreliable and inefficient at what they do... though they’re all we’ve got.
For some odd reason, everyone assumes that the Europeans have magic boats that can take in oil and expel sunshine and farts- the dutch have some good stuff, SMIT, especially, but since they’ve got an American branch, that technology is already here.
Anyways, I don’t want to sound like an apologist- I’m pretty sure that there aren’t too many other actual tanker captains who comment here, so I thought I’d post something based on what’s really happening, as opposed to the excited shit flinging that sometimes happens here.


20 posted on 06/19/2010 10:32:38 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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To: Ronin

Ronin, it doesn’t work like that. Even if we contained all of the surface oil, the beaches would still get soiled. Much of the oil is emulsifying before it hits the surface. Once that happens, the oil won’t separate from the water, and it will no longer be buoyant.

I don’t think that the article is self-serving at all. This is a red herring issue. For the life of me, I can’t see how anyone, even a non-mariner, could miss that.


21 posted on 06/19/2010 10:36:33 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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To: digger48

That’s all true. However, there’s no shortage of boom or specialized vessels available locally. There will be, I’m sure, but it hasn’t happened yet.


22 posted on 06/19/2010 10:38:17 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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To: princeofdarkness

ABSOLUTELY! I call Barbra Streisand on this. If the foreign vessels had helped in the 1st 2 weeks, we wouldn’t be in this situation at all. It’s definite CYA for the Obama Admin. Disgusting!!


23 posted on 06/19/2010 10:38:28 PM PDT by originalbuckeye
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To: capt.P

In the modern political climate, red herrings is all we’re fed.


24 posted on 06/19/2010 10:55:30 PM PDT by stormer
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To: capt.P

So then the Commander in Chief is an idiot!


25 posted on 06/19/2010 11:02:58 PM PDT by tallyhoe
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To: tallyhoe

An industry association with deep political connections using their influence to constrain competition by working in concert with their union fellow travelers.

It’s like the fire department having a law passed that says nobody but them can put out a fire - unless they first acknowledge they lack adequate staff. So, your house is burning down, but you can’t pick up a water hose to put it out - unless the fire department says it’s OK.

Sounds fair to me. Is it clear now - the Gulf belongs to them. Typical protectionist/union thugocracy.


26 posted on 06/19/2010 11:14:14 PM PDT by FirstFlaBn
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To: capt.P

Well, no.

Read all their words: They never said it was waived - only that there is a procedure to waive the act. They never mentioned that the three mile rule affects port entry to dump the collected oil.

The OMSA (union and owners) is covering up for NOT waiving he Jones Act.


27 posted on 06/19/2010 11:19:51 PM PDT by Robert A. Cook, PE (I can only donate monthly, but socialists' ABBCNNBCBS continue to lie every day!)
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To: capt.P
As I understand it, current EPA Regulations are preventing the Dutch Skimmers from operating in the Gulf. Those ships scoop up the Oil mixed with Seawater. After the separation process, the Seawater is expelled overboard with “some” Oil still mixed in it. Most of the Oil is separated in the skimming process, but not all.

The EPA forbids the Seawater from being dumped back overboard if ANY Oil is present, thus requiring all the liquid being skimmed to be stored on board the vessel to be processed back in port.

Stupid is as stupid does.

28 posted on 06/19/2010 11:23:21 PM PDT by Kickass Conservative (Obama, proving Hillary right that it takes a Village Idiot.)
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To: capt.P

Bullshit.


29 posted on 06/19/2010 11:57:55 PM PDT by Crim (The Obama Doctrine : A doctrine based on complete ignorance,applied with extreme incompitence..)
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To: Kickass Conservative

OMSA is to Union shipworkers as NECA is to union electricians.

Pure CYA.


30 posted on 06/20/2010 12:00:40 AM PDT by Crim (The Obama Doctrine : A doctrine based on complete ignorance,applied with extreme incompitence..)
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To: capt.P

Whew, what a relief. Here I was waiting for a disaster to happen om the Gulf Coast shores and all the time the OMSA had things under control. I’m relieved at their explanation.......er, BS.


31 posted on 06/20/2010 12:05:44 AM PDT by Dapper 26
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To: capt.P

This is a cover-your-ass statement by the trade organization which benefits from keeping foreign ships out of US waters. Therefore, it is also an apologist for Obama’s failure here to do what George Bush did promptly during Katrina, WAIVE the Jones Act.

Even this apology has the insane statement that “no one has asked for a waiver.” Any administrator, even a President, should have noticed from Day One that we would need thousands of skimmers, and that Holland and many other places had offered theirs for use.

Now, sixty days after the original explosion, this Administration is “considering whether to use the Dutch skimmers,” while the oil is now arriving in the wetlands and on the beaches where it is killing the fishing and tourism industries respectively.

This is a biased statement from a biased source, designed to provide cover for Obama’s errors.

John / Billybob


32 posted on 06/20/2010 3:08:57 PM PDT by Congressman Billybob (www.TheseAretheTimes.us)
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To: capt.P

Give it a rest. We could and should be using every skimmer we can get, regardless of the flag and crew of those ships. You are an apologist for that failure. and it is disingenuous at best to say that this is about the boats that transport workers to and from the rigs.

John / Billybob


33 posted on 06/20/2010 3:17:10 PM PDT by Congressman Billybob (www.TheseAretheTimes.us)
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To: capt.P

So....why are there not enough skimmers then? Or is the cleanup pretty much over?


34 posted on 06/20/2010 5:19:49 PM PDT by cookcounty ("Today's White House reporters seem one ball short of a ping pong scrimmage.")
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To: capt.P
If a U.S. vessel is not available, there is a waiver process that can be used

But who decides if a US vessel is available/better than non-US expertise being offered ?
I'm thinking of some Dutch outfits that are world leaders in skimmer tech who apparently have not been judged "allowable".

35 posted on 06/20/2010 10:49:52 PM PDT by 1066AD
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To: FirstFlaBn

sounds like an Idiot and a payoff to the unions. Damn the States and environment!


36 posted on 06/20/2010 11:13:07 PM PDT by tallyhoe
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To: cookcounty

As of Monday, there were 1,500 skimmer-equipped vessels made available, but not engaged, and owned and operated by American interests. Everyone who wants a paycheck is offering skimmers... which is pretty much everyone in the world with the ability to get them here in a timely manner. That being said, I have no idea why more skimmers aren’t being engaged.
Doesn’t anyone wonder why Republicans from the Gulf states aren’t interested in the skimmer supply? I suspect that it has to do with the ineffective job that they do, especially since only a very small percentage of the oil being released actually floats.
Since most commenters here are neither mariners nor employed in oil exploration (except me, of course), I’m not surprised that everyone’s all butthurt about the Jones Act, but no one is wondering why every locally available resource isn’t being used, despite the fact that in the long run, people are going to go under the bus in droves if anyone actually gets found to be playing games. Still, Since only a very small percentage of all mariners in the US belong to a union, and the oil production side has no unions, I can’t help but think that there’s more important things to worry about than the Jones Act.


37 posted on 06/21/2010 7:09:40 PM PDT by capt.P (Hold Fast! Strong Hand Uppermost!)
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