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Hawaii group moves to change shipping regulations governed by Jones Act

While American Samoa is exempted from the U.S. build federal requirement provision of the Jones Act, two states and two territories are hoping to be given a similar exemption, through a proposal being worked on by the Honolulu-based Hawai’i Shippers’ Council (HSC), according to the group’s president Michael N. Hansen, who is hoping that American Samoa will support their move if and when the proposal goes through the U.S. Congress.

 

“Many people in Alaska, Guam, Hawaii and Puerto Rico would like to have an American Samoan exemption from the Jones Act,” Hansen said from Honolulu. “The NJAR proposal seeks a limited exemption from the Jones Act for Alaska, Hawaii and Puerto Rico – essentially an exemption from the domestic build requirement of the Jones Act.”

 

Hansen stressed that HSC is not proposing to repeal or abolish the Jones Act, nor allow foreign flag ships into the domestic Hawaii trade.

 

“Other than eliminating the build requirement, our proposal would retain the other Jones Act requirements in respect of large self-propelled ships operating in the noncontiguous trades i.e., the U.S.-flag, U.S.-ownership, U.S.-crew and U.S. management requirements,” he said.

 

“We are NOT proposing to change the U.S. build requirement for the domestic tug and barge industry operating in the noncontiguous trades,” he stressed.

 

Samoa News also asked as to when the NJAR proposal would be introduced in U.S. Congress and what kind of help HSC would need from American Samoa in moving the proposal forward in Congress.

 

“Once we in Alaska, Guam, Hawaii and Puerto Rico have organized sufficient local political support and we are ready to arrange introduction of a bill for an act in the U.S. Congress, we would greatly appreciate the support of your delegate to Congress,” was his reply.

 

“We also anticipate the Governors will seek support from the noncontiguous governors including the Governor of American Samoa,” he said.

 

BACKGROUND

Hansen explained that American Samoa is “fully exempt” from maritime cabotage - e.g., the Jones Act - by the Tripartite Convention of 1899 between U.S., United Kingdom and the German Empire that divided Eastern and Western Samoa between the U.S and Germany and gave the UK sphere of influence over the Kingdom of Tonga.

 

In addition to American Samoa, the U.S. territories of the Northern Mariana Islands and the U.S. Virgin Islands are also exempt by the international treaties that provided their annexation by the U.S., according to information provided by HSC whose email address for more information is: pacmar@hawaiiantel.net