Decode the Jones Act –
Stay Ahead of the Curve
The Jones Act is critical for anyone in the maritime industry, but its nuances can be confusing. Offshore Compliance Services (OCS) is here to make it clear, actionable, and relevant to your operations.
SOLUTION
The Jones Act – Why It Matters
The Jones Act, part of the Merchant Marine Act of 1920, ensures America’s maritime readiness and applies strict requirements for vessels operating between U.S. points, including offshore installations. Its core principles:
- Vessels must be U.S.-built, U.S.-crewed, and U.S.-owned.
- Applies to the Outer Continental Shelf (OCS) under the 1953 Lands Act.
- Non-compliance can result in significant fines and operational delays.
Navigate the Jones Act
Key Rulings and Interpretations
| Type | Nickname | Ruling Number | Date | Key Issues | Key Holdings |
|---|---|---|---|---|---|
| The "Walk the Plank" | H341844 | 20241016 | Whether using a foreign-flagged jack-up vessel, outfitted with hotel and office accommodations, to support the construction of an offshore wind project on the U.S. outer continental shelf, would violate U.S. coastwise law | Jones Act: • The transportation of merchandise, such as fuel and provisions, between U.S. ports and the jack-up vessel would not violate the Jones Act because the client will be using coastwise-qualified supply vessels for all such transportation. • The ruling clarifies that as long as the fuel and provisions are offloaded from the jack-up vessel before it detaches from the seabed and begins transportation, there is no need to determine if those supplies are considered merchandise or ship stores. PVSA: • The transportation of the core marine operational crew between the two OSS sites would not violate the PVSA because they are directly responsible for operating the vessel and therefore are not considered passengers under the law. • The transportation of OSS Commissioning Personnel and subcontractor personnel (hotel and catering staff) between U.S. ports and the jack-up vessel would not violate the PVSA because they will be transported using coastwise-qualified crew transfer vessels. • The movement of OSS Commissioning Personnel between the jack-up vessel and the offshore substations via a gangway would not violate the PVSA because the law only applies to transportation by vessel, and in this case, the personnel are walking. The ruling concludes that by utilizing coastwise-qualified vessels for the transportation of all merchandise and personnel between U.S. points, and by ensuring that the foreign-flagged jack-up vessel only transports its core marine crew, the client can successfully avoid violating U.S. coastwise laws while carrying out the offshore wind project. | |
| The "Lets CYA: Is Feedering OK" | H338702 | 20240813 | Whether WTG component transportation by coastwise-qualified vessels to jack-up vessel violates Jones Act Whether WTG installation by non-coastwise-qualified jack-up vessel violates Jones Act Whether transportation of equipment/materials between sites violates Jones Act Whether crew transportation violates PVSA | - WTG component transportation by coastwise-qualified vessels is permitted - Installation by stationary jack-up vessel is allowed - Transportation of vessel equipment is allowed but WTG components between sites is not - Crew transportation is permitted as they are vessel operational personnel | |
| "The Two-fer" | H329165 | 20240821 | Whether transportation of monopiles and transition pieces by non-coastwise-qualified vessels violates Jones Act Whether use of non-coastwise-qualified vessel to lay cables violates Jones Act Whether use of non-coastwise-qualified vessel to construct substations violates Jones Act | - Transportation of monopiles by dynamically positioned vessel is allowed if vessel remains unattached - Transportation of transition pieces would violate Jones Act if by non-coastwise-qualified vessel - Cable laying by non-coastwise-qualified vessel is permitted - Substation construction by foreign vessels does not violate Jones Act | |
| "But its for Science!" | HQ 110364 | 19890929 | Whether non-coastwise qualified vessel can be used for seismograph research in Alaska | - Use of vessel for seismograph research is permissible - Transportation of scientists and necessary equipment allowed | |
| HQ 110402 | 19890818 | Whether carriage of cable by foreign vessel between U.S. points violates coastwise laws | - Transportation of cable not for use on transporting vessel violates coastwise laws - Cable for use on transporting vessel is considered vessel equipment | ||
| HQ 111347 | 19901019 | Whether transportation of state employees on foreign vessel for wake survey violates passenger laws | Transportation of employees for wake survey does not violate passenger laws | ||
| HQ 112122 | 19920722 | Whether foreign vessel can be used to map ocean floor | Use of foreign vessel to map ocean floor is permissible oceanographic research | ||
| HQ 112205 | 19920506 | Whether oceanographic research in territorial waters is coastwise trade | Oceanographic research in territorial waters is not coastwise trade | ||
| HQ 112254 | 19920803 | Whether use of foreign vessel for environmental education violates coastwise laws | - Environmental education is not oceanographic research - Transportation of students would violate passenger laws - Vessel may be used for bona fide sailing instruction | ||
| HQ 112316 | 19920722 | Whether collection and sale of fish samples during research violates coastwise laws | - Collection of samples for research is allowed - Sale of samples would violate coastwise laws | ||
| HQ 112830 | 19930812 | Whether foreign vessel can conduct seismic survey research | Seismic survey research is permissible oceanographic research | ||
| HQ 112923 | 19931021 | Whether foreign vessel can conduct surveying and mapping | Surveying and mapping is permissible oceanographic research | ||
| HQ 112992 | 19940112 | Whether coastwise vessel can shuttle crew/scientists to foreign research vessel | Shuttling crew/scientists to foreign research vessel is permissible | ||
| HQ 113437 | 19950510 | Whether foreign vessel can engage in towing/diving and cable laying operations | - Towing between non-coastwise points allowed - Cable laying is not coastwise trade | ||
| HQ 113461 | 19950608 | Whether oceanographic research in territorial waters is coastwise trade | Oceanographic research in territorial waters is not coastwise trade | ||
| HQ 113481 | 19950629 | Whether logistics support for fisheries research violates coastwise laws | Logistics support (transporting supplies/personnel) for research violates coastwise laws | ||
| HQ 113838 | 19970225 | Whether use of non-coastwise qualified vessels for subsea operations violates coastwise laws | - Use of such vessels for subsea construction, inspection, maintenance, etc. does not violate coastwise laws - Transportation of necessary equipment/supplies is not "merchandise" under 46 USC 883 - Crew and technical personnel are not "passengers" | ||
| HQ 115322 | 20010416 | Whether foreign vessel can conduct cable laying operations | Cable laying and burial does not violate coastwise laws | ||
| HQ 115886 | 20030210 | Whether vessel deploying materials for oyster habitats violates coastwise laws | - Deploying materials for oyster habitats is "fisheries" activity - Vessel must have fishery endorsement | ||
| HQ 116520 | 20051103 | Whether foreign submarine can conduct various underwater operations | - Oceanographic research and surveys allowed - Underwater filming with technicians not allowed - Recovery of artifacts for commercial purposes not allowed | ||
| HQ 116602 | 20060130 | Whether geophysical survey on OCS using foreign vessel violates coastwise laws | - Survey constitutes oceanographic research - Foreign vessel can be used without violating coastwise laws - Core samples and survey equipment not considered "merchandise" | ||
| HQ 116624 | 20060317 | Whether inspection/survey of damaged oil platforms on OCS and debris removal using foreign vessel violates coastwise laws | - Inspection/survey does not violate coastwise laws - Debris removal from OCS seabed beyond territorial waters does not implicate coastwise laws | ||
| HQ 227126 | 19960921 | Whether foreign vessel can be used for water quality education and sampling | Water quality education and sampling is permissible oceanographic research | ||
| HQ H008902 | 20070517 | Whether foreign vessel can be used for scientific ocean drilling research | Scientific ocean drilling research is permissible oceanographic research | ||
| HQ H009541 | 20070417 | Whether scientists collecting ballast water samples are "passengers" | Scientists collecting water samples are not "passengers" | ||
| HQ H010661 | 20070504 | Whether scientist deploying ocean floats is a "passenger" | Scientist deploying ocean floats is not a "passenger" | ||
| HQ H020051 | 20071204 | Whether scientists maintaining oceanographic equipment are "passengers" | Scientists maintaining equipment are "passengers" | ||
| HQ H052998 | 20090226 | Whether transporting a student scientist and scientific equipment on a non-coastwise-qualified vessel violates 46 U.S.C. § 55102 and § 55103. | - The infrared sea surface radiometer (ISAR) is classified as merchandise, and its transportation between coastwise points violates the Jones Act (46 U.S.C. § 55102). - The student scientist is classified as a passenger, as their activities are not directly connected to the vessel's operation. - Transporting the individual between U.S. coastwise points violates 46 U.S.C. § 55103. | ||
| HQ H087535 | 20091210 | Coastwise transportation of NOAA employees on a non-coastwise-qualified vessel. | - Transportation to Sydney, Australia does not violate coastwise laws. - Transportation to Long Beach, CA violates 46 U.S.C. § 55103 as the individual is a "passenger." | ||
| HQ H196496 | 20111208 | Whether transportation and installation of tidal turbines constitute “oceanographic research” under 46 U.S.C. § 55102. | - Installation and transportation of tidal turbines do not qualify as oceanographic research. - The vessel's activities focus on commercial energy generation, not the study of the sea. - Coastwise transportation of turbines between U.S. points violates the Jones Act. | ||
| HQ H200704 | 20120208 | Whether non-coastwise qualified vessel can be used for marine research | - Marine research activities are permissible - Vessel must have registry endorsement - Recreational fishing not allowed | ||
| HQ H205655 | 20120216 | Whether seismic survey activities using nodal technology on a non-coastwise-qualified vessel violate 46 U.S.C. § 55102 or § 55103. | - Seismic survey activities constitute oceanographic research under the Oceanographic Research Vessel Act. - Use of a non-coastwise-qualified vessel for these activities does not violate coastwise laws. | ||
| HQ H214719 | 20120615 | Whether installation of tidal turbines is oceanographic research | Installation of tidal turbines for power generation is not oceanographic research | ||
| HQ H216579 | 20120515 | Whether geotechnical investigations including seabed sampling using foreign vessel violates coastwise laws | - Activities constitute oceanographic research - Foreign vessel can be used without violating coastwise laws - Transportation of scientists and necessary equipment allowed | ||
| HQ H258352 | 20141016 | Whether transporting school-age children for educational activities violates 46 U.S.C. § 55103. | - The vessel's use is not solely for oceanographic research; it includes excursions and educational activities. - Transporting passengers entirely within U.S. territorial waters constitutes coastwise trade. - Use of a non-coastwise-qualified vessel for this purpose violates the Jones Act. | ||
| HQ H261304 | 20150521 | Reconsideration of H258352 | - Environmental education violates coastwise laws - Navigation/piloting training allowed | ||
| HQ H287538 | 20170720 | Whether university oceanographic research expeditions using foreign vessel violate coastwise laws | - Research activities do not violate coastwise laws - Transportation of scientists/students and research equipment allowed - Various sampling, measurement and seafloor mapping activities considered oceanographic research | ||
| HQ H300962 | 20220414 | Installation of wind turbines and associated activities by non-coastwise qualified vessels | - Scour protection installation does not violate Jones Act if on pristine seabed - Cable laying and burial operations do not violate Jones Act - Transportation of concrete mats from US point to cable violates Jones Act - Transportation of installation crew does not violate PVSA | ||
| HQ H311602 | 20220325 | Cable laying and associated activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Return of excess cable to same US port does not violate Jones Act | ||
| HQ H318628 | 20220630 | Cable laying and associated activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Up to 5% excess cable can be returned to different US port without violating Jones Act | ||
| HQ H318758 | 20220606 | Appeal of HQ H317289 regarding scour protection installation | - Upheld that scour protection installation creates a coastwise point - Clarified "first layer" interpretation for scour protection | ||
| HQ H320052 | 20220511 | Installation of wind turbines by non-coastwise qualified vessel | - Transportation of components by coastwise qualified vessel is permitted - Installation activities by non-coastwise vessel do not violate Jones Act - Transportation of tools/materials as vessel equipment is permitted | ||
| HQ H322233 | 20220902 | Cable laying and associated activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Transportation of cable protection materials from US point violates Jones Act - Transportation of installation crew does not violate PVSA | ||
| HQ H323382 | 20220610 | Oceanographic research activities by non-coastwise qualified vessel | - Oceanographic research activities do not violate Jones Act or PVSA - Transportation of researchers and necessary equipment is permitted - Vessel not subject to duties if no intent to import | ||
| HQ H325088 | 20220705 | Whether foreign vessel can collect water samples in U.S. waters | Collection of water samples for research is permissible oceanographic research | ||
| HQ H325118 | 20230821 | Application for Further Review regarding dutiability of wind turbine components | - Installation of wind turbine components on OCS is a dutiable event - Entry and payment of duties were properly required | ||
| HQ H325120 | 20230523 | Cable laying and burial operations by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Transportation of cable protection materials from US point violates Jones Act | ||
| HQ H325990 | 20230830 | Whether small craft launched from cruise ship can conduct research | - Research activities on small craft allowed - Cruise ship not exempt from coastwise laws - Small craft cannot alternate between research and tendering | ||
| HQ H326258 | 20230915 | Installation of deck module on fixed platform by non-coastwise qualified vessel | - Lifting operations do not violate Jones Act if vessel remains stationary - Transportation of vessel equipment between sites is permitted - Transportation of crew does not violate PVSA | ||
| HQ H327590 | 20221216 | Installation of wind turbines by non-coastwise qualified vessel | - Transportation of components by coastwise qualified vessel is permitted - Installation activities by non-coastwise vessel do not violate Jones Act - Transportation of tools/materials as vessel equipment is permitted - Transportation of crew does not violate PVSA | ||
| HQ H327804 | 20221028 | Modification of H322233 regarding excess cable return | - Clarified that up to 5% excess cable can be returned to different US port without violating Jones Act | ||
| HQ H328183 | 20221024 | Whether transporting the Installation Crew, tools, meals, and materials using a non-coastwise-qualified vessel violates the Jones Act (46 U.S.C. § 55102) or PVSA (46 U.S.C. § 55103). | - Installation Crew transport does not violate the PVSA as they are directly connected to the vessel’s operation. - Housing/transporting the crew between the standoff position and Platform does not violate the PVSA. - Transporting tools on the vessel does not violate the Jones Act; tools are considered vessel equipment. - Meals prepared and transferred to the Platform are vessel supplies and do not violate the Jones Act. - Scenario 1 (materials moved directly to Platform): No violation of the Jones Act. - Scenario 2 (materials moved to Vessel, then back to Platform): No violation if laden and unladen at the same point; otherwise, a violation occurs. - Scenario 3 (materials held on Vessel, then transferred to Platform): Violates the Jones Act. | ||
| HQ H328718 | 20230717 | Installation of monopile foundations by non-coastwise qualified vessel | - Transportation and installation of monopiles from US point to pristine OCS seabed does not violate Jones Act if vessel remains unattached - Monopile installation creates a coastwise point | ||
| HQ H328865 | 20230214 | Installation of wind turbines by non-coastwise qualified vessel | - Transportation of components by coastwise qualified vessel is permitted - Installation activities by non-coastwise vessel do not violate Jones Act - Transportation of tools/materials as vessel equipment is permitted - Transportation of crew does not violate PVSA | ||
| HQ H329165 | 20240821 | Transportation of navigation aids during wind turbine installation | - Navigation aids are merchandise, not vessel equipment - Certain transportation scenarios violate Jones Act, others do not - Transportation of anode cages and bubble curtains as described does not violate Jones Act | ||
| HQ H329275 | 20230418 | Transportation of wind turbine transition piece covers | - Transition piece covers are merchandise, not vessel equipment - Certain transportation scenarios violate Jones Act, others do not | ||
| HQ H329630 | 20230309 | Cable laying and associated activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Transportation of crew does not violate PVSA | ||
| HQ H330764 | 20230412 | Cable laying and associated activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Transportation of cable protection materials as described does not violate Jones Act - Transportation of crew does not violate PVSA | ||
| HQ H332160 | 20240613 | Lifting operations for wind turbine installation by non-coastwise qualified vessel | - Lifting operations do not violate Jones Act if vessel remains stationary - Certain movements during lifting operations are permissible - Transportation of vessel equipment between sites is permitted | ||
| HQ H332364 | 20230725 | Cable laying and dredging activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Certain transportation of excess cable does not violate Jones Act | ||
| HQ H332949 | 20240123 | Transportation of LNG for bunkering by non-coastwise qualified vessel | - Transportation of LNG from US point to foreign point or beyond territorial sea for bunkering does not violate Jones Act | ||
| HQ H333884 | 20240603 | Cable laying and associated activities by non-coastwise qualified vessels | - Cable laying and burial operations do not violate Jones Act or Dredging Statute - Certain transportation of equipment and materials does not violate Jones Act - Transportation of crew does not violate PVSA | ||
| HQ H333956 | 20230914 | Modification of H328718 regarding monopile installation | "The transportation and installation of monopile foundations from a U.S. coastwise point to a pristine seabed site on the OCS by a non-coastwise-qualified, dynamically positioned installation vessel would not violate the Jones Act so long as the installation vessel is not anchored or attached to the installation site. The transportation and installation of monopile foundations by a non-coastwise-qualified jack-up vessel from a U.S. coastwise point to a pristine seabed site on the OCS where the jack-up vessel attaches itself to the seabed would violate the Jones Act. The use of a non-coastwise qualified jack-up vessel to install monopile foundations at a pristine seabed site on the OCS would not violate the Jones Act, so long as the jack-up vessel is not transporting these monopile foundations from another coastwise point." | ||
| HQ H335695 | 20240105 | Installation of wind turbines by non-coastwise qualified vessel | - Transportation of components by coastwise qualified vessel is permitted - Installation activities by non-coastwise vessel do not violate Jones Act - Transportation of tools/materials as vessel equipment is permitted - Transportation of crew does not violate PVSA | ||
| HQ H337692 | 20240307 | Salvage operations by non-coastwise qualified vessel | - Salvage operations outside territorial waters do not violate Salvage Statute - Transportation of salvaged cargo from OCS to US port does not violate Jones Act | ||
| HQ H338525 | 20240528 | Ancillary activities during wind turbine installation | - Certain transportation of navigation aids violates Jones Act - Transportation of anode cages and bubble curtains as described does not violate Jones Act | ||
| HQ H338702 | 20240813 | Installation of wind turbines by non-coastwise qualified vessel | - Transportation of components by coastwise qualified vessel is permitted - Installation activities by non-coastwise vessel do not violate Jones Act - Transportation of tools/materials as vessel equipment is permitted - Transportation of WTG components between sites violates Jones Act - Transportation of crew does not violate PVSA | ||
| Type | Nickname | Ruling Number | Date | Key Issues | Key Holdings |
Letter Rulings That Shape the Industry
The U.S. Customs and Border Protection (CBP) issues “letter rulings” to clarify the Jones Act in specific scenarios. While transaction-specific, these rulings often influence broader interpretations, making them essential for offshore operators to understand.
Explore our Glossary of Jones Act Rulings to gain insights into these critical rulings and their implications for your operations.