Vessel availability is a key planning issue for offshore wind
development anywhere in the world and particularly so in the United
States where the Jones Act requires that qualified U.S.-flag
vessels be utilized for certain activities. Although the U.S.
Government issued its offshore wind leasing regulations in 2009,
many of the issues arising from the application of the Jones Act to
offshore wind remain unresolved. The uncertainties have
recently been highlighted in ongoing litigation.
The federal agency Customs and Border Protection or CBP is
charged with interpreting how the Jones Act applies to vessel
operations. One of the laws grouped together and popularly
referred to as the “Jones Act” restricts the
transportation of “merchandise” between two
“points in the United States” to qualified U.S.-flag
vessels. A longstanding exception to the Jones Act is for
“vessel equipment” which is not considered
“merchandise.” A dispute arose starting 2009 as
to the scope
