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ARTICLE · 18 NOVEMBER 2021

Jones Act Organization Alleges Offshore Wind Survey Violations

Winston Taylor
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On November 15, 2021, the Offshore Marine Service Association (OMSA) made public allegations that a foreign vessel had violated U.S. coastwise law (popularly referred to as the "Jones Act") and offshore manning laws.

United StatesTransport
Charlie Papavizas
Charlie Papavizas

On November 15, 2021, the Offshore Marine Service Association (OMSA) made public allegations that a foreign vessel had violated U.S. coastwise law (popularly referred to as the "Jones Act") and offshore manning laws (and also safety and pollution laws) in the conduct of offshore wind-related survey work.

The Jones Act generally restricts the "transportation" of "merchandise" between two "points in the United States" to qualified U.S.-flag vessels. U.S. Customs and Border Protection, on March 25, 2021, affirmed its long-standing interpretation of the Outer Continental Shelf Lands Act (OCSLA) that the pristine seabed on the U.S. outer continental shelf has no "points in the United States" until an "installation or other device" is permanently or temporarily "attached" to the seabed for specified purposes.

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