Jones Act: Someone Is Lying About Gulf Oil Spill

Deepwater Horizon Response ^ | June 25, 2010 | Admiral Allen

[publiusF27]

Q: Sir, about the Jones Act, has this been waived? And if so, where are the foreign vessels?

ADMIRAL ALLEN: Oh, there are a lot of foreign vessels operating offshore, Carol. The Jones Act—we have had no request for Jones Act waivers. If the vessels are operating outside state waters, which is three miles and beyond, they don't require a waiver. All that we require is an Affirmation of Reciprocity, so if there ever was a spill in those countries and we want to send skimming equipment, that we would be allowed to do that, as well, and that hasn't become an issue yet, either.

To the extent that there is a waiver required and they come to us, we're more than happy to support it in making that request to CBP. But to date, since they're operating outside three miles, no Jones Act waiver has been required.

[publiusF27]

Yesterday, a guy named McCallister told Congress that he submitted an application for a waiver on the 21st. I would post a source, but it is not allowed here, having to do with NY Mayors or something.

McCallister just lied to Congress about a politically charged subject, or Admiral Allen was lying/mistaken above. Can anyone think of a third possibility?

[publiusF27]

What was said to Congress:

The U.S. is accepting 22 offers of help from 12 countries and international organizations, the State Department said in a statement yesterday. The aid includes “two high-speed skimmers and fire containment boom from Japan,” according to the statement. The State Department didn’t immediately respond to a question concerning whether the Jones Act would be waived for the vessels.

Twenty-four foreign vessels are already working in the Gulf, according to Clark Stevens, a spokesman for the Homeland Security Department, in a phone interview. Coast Guard Rear Admiral James A. Watson, the federal on-scene coordinator in the Gulf, has put in place a process to allow Jones Act exemptions if they prove necessary for foreign skimming vessels to operate within three miles of the coast, according to Stevens.

That hasn’t eliminated assertions that the Jones Act is slowing efforts to help. Fred McCallister, an investment banker in Dallas with Allegiance Capital Corp., told a Senate Commerce Committee hearing today that his proposal to assemble a fleet of foreign ships for cleanup duty has been rebuffed by both BP and the Coast Guard.

Greek Cruise Ship

“Allegiance Capital took it on itself to submit a request for a Jones Act waiver” on June 21 and hasn’t received a formal response, McCallister said.

McCallister said in a letter to Allen that he was seeking waivers for 12 skimming boats and a Greek cruise ship that could be used to store equipment and house 800 workers.

[WayneS]

So, we're not so much asking for foreign assistance with our problem as allowing them to help us, as long as they agrtee to allow us to enter their country in the event they have a spill.

If George W. Bush had handled foreign offers of assistance cleaning up an oil spill in this manner he would be called "arrogant" and "condescending" by every news agency in the world.

[Vinnie]

WHo has jurisdiction over waters within 3miles of shore?
Does the State have any say or is it strictly Federal?

[OneWingedShark]

>If George W. Bush had handled foreign offers of assistance cleaning up an oil spill in this manner he would be called “arrogant” and “condescending” by every news agency in the world.

Because it *IS* arrogant and condescending. I would expect ANY President who acted that way to be called on it.

[WayneS]

And yet...

[OneWingedShark]

*sigh* — Yeah, I think I know what you mean.

[layman]

The discussions we are having with the Navy and other folks right now is the availability of skimmers that are on standby because they might be needed for a spill someplace else

My understanding is that there are about 2000 of these skimmers on standby. It is incomprehensible to me that we are having "discussions" about utilizing them over 70 days into the emergency.

[smokingfrog]

That doesn’t make sense, does it?

The Jones Act is a Federal Law and territorial waters are out to 12 miles.

[OneWingedShark]

[mewzilla]

I have yet to find any kind of official federal gov't record, from the WH or anywhere else, of the Jones Act being waived.

And if anyone wants to see why, check out the kitten that the AFL-CIO is having...

Attacks on Jones Act, Gulf Clean Up, Attack Unions and Our Allies

[Oceander]

Nice!!!

[mewzilla]

If the info at this link is accurate....

McCallister to Testify Before U.S. Senate Regarding Oil Spill, Red Tape

...the Jones Act has NOT been waived.

And Thad Allen knows it.

[OneWingedShark]

I figured it was both:
a — Relevant, as the floundering in the gulf is... strange in the utmost.
b — Somewhat humorous, being from the Princess Bride (and hopefully get a laugh from someone).

[mewzilla]

Despite oil spill, foreign-registered boats have tough time contributing

Thad Allen should be ashamed of himself for his participation in this.

[Roccus]

WHo has jurisdiction over waters within 3miles of shore?

We had a serious altercation on an open sport fishing boat in '89. Radioed local PD and were told that since we were beyond 3 miles, it was a federal matter. FBI had to be notified and was. Perp was handcuffed to a rail topside for remainder of trip. Agents picked up trouble maker when we returned to port. I have no idea what happened to him after that.

[SW6906]

This is disappointing. He may not be out and out lying, but he is obfuscating. Yes, they can operate beyond three miles, but they can't dock at more than one port to resupply or pick up workers. The Jones Act forbids operating between two American ports. Maybe (I'm not sure) they could operate from one port and one port only, but I doubt it.

[publiusF27]

Jones Act

In particular:

Coastwise Rules

See 55110 and 55113

[redhead]

Laughed right out loud, I did. ...gonna have to dig that one out and watch it again, I guess...

[rocksblues]

Stopped reading the Union article when it referenced factcheck.org

[Vinnie]

I could understand the multiple ports scenario if the ships were involved in commerce.
But this isn’t commerce.

What I was driving at is whether Jindal could allow foreign skimmers in local waters and thumb his nose at Zer0.

What’s Zer0 going to do? Sink a foreign ship.
Heck, he could board the ship and dare Zer0 to act.

Public opinion would be with Bobby about 99%.

[publiusF27]

The law covers carrying material, even material with no value, from port to port or from point to point on the high seas within our exclusive economic zone or from high seas points to/from our ports. The oil spill cleanup absolutely is commerce, and is covered and probably even constitutional to boot. The Coast Guard and EPA have to sign off on cleanup activities, so my understanding is that Jindal could not legally do what you are proposing. On the thread topic: I would be interested in seeing this application that McCallister says he submitted on the 21st, along with evidence that it was submitted on that day. You would think such a thing would be submitted to Congress along with other documents supporting his testimony at the time he appeared.

[Vinnie]

....so my understanding is that Jindal could not legally do what you are proposing.

I pretty much took that for granted.

I'm proposing he!! with the law. Do it.

Dare Zer0 to stop him.