Jones Act opponents using BP spill to distort the truth

Anti-Jones Act forces have long used national events to try and eliminate what’s left of the American merchant marine. During Operation Desert Storm in the early 90s there were outright lies told of U.S. flag ships refusing to enter the Persian Gulf because those crews were cowards and unpatriotic. It was proven that not one ship carrying the American flag refused to participate in the war effort to supply troops. On the contrary, there were instances of foreign flag vessels operated by American companies that were guilty of this. Of course, that never stopped Rob Quartel and his Jones Act Reform Coalition associates from presenting the truth.

In the vein of Rahm Emanuel’s advice to “never let a crisis go to waste,” the BP oil spill is the latest national event used by Jones Act opponents to weaken if not eradicate the nation’s cargo preference laws. Longtime anti-cabotage crusaders such as Arizona Senator John McCain and certain conservative entities have complained that foreign skimmers have been blocked from cleaning up the Gulf spill because the Obama Administration has refused to grant them Jones Act waivers. McCain cited the fact that the State Department had not accepted offers of assistance from 21 countries as evidence that the Jones Act is responsible for keeping other flags from entering U.S. waters.

The truth is, the Jones Act has had absolutely no impact on the crisis one way or another. As just retired Coast Guard Admiral Thad Allen pointed out, vessels do not require a waiver if they are operating more than three miles offshore; the Macondo Well gushing the oil is over 40 miles off the coast. Allen added that, by the way, not a single request for a waiver has been made. Perhaps the government’s refusal to quickly accept outside help while the Gulf Coast way of life is being destroyed may have some nefarious origins. Or maybe it’s because of bungling bureaucratic red tape. But to blame it on the Jones Act is wrong and politics at its worst.

What about claims that unions have pressured the Administration to refuse waivers? Seafarers’ International Union President Michael Sacco has adamantly denied this claim, calling it “ridiculous’ and saying that American maritime labor would never stand in the way of foreign assistance if no U.S. crews or vessels are available.

The comparison with Hurricane Katrina, where waivers were granted for 19 days, is hollow. The Bush Administration’s decision was to allow cargo to move between ports. The number of foreign flags that did so during the waiver period? Zero.

15 foreign flag vessels had been participating in the oil clean up through June 15 and not one of them needed a waiver.

The Jones Act is the American mariner’s best friend. It’s cabotage law is virtually the only thing keeping the U.S. fleet alive. Less than 3% of American cargo is carried on American ships; in 1950 that figure was 50%. Without the Jones Act foreign ships would have to carry military equipment to supply our troops. Without the Jones Act, our seamen would receive no justice when being hurt on the job.