Your source is wrong.
Is that simple enough language for you?
Ahh, ok. 46 CFR 15.720 (b)(1) answered my question. Though I donāt really understand that waiver. If the master can fly in, so can the crew. Thanks Ll_Domer.
Itās because a lot of foreign countries have requirements similar to our OCS Act that says the crew is required to be nationals. Thatās why it only applies to OSVs and MODUs.
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Yeah, I get thatā¦ did three years in a hellhole in west Africa where I had to get a green card for there evenā¦ but there are countries that donāt have local content laws that the companies will still swap out the US crew for the lower wage foreign crews. So this waiver is an out for maintaining US crews on OSVs basically.
I fixed it, and yes.
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I expect itās because the US realizes that if they didnāt allow this waiver for a vessel working exclusively in another countryās waters then the owners would just flag the vessel out and itās preferable to keep it under the US flag.
So all this anxiety is caused by the foreign crew or threat of them?
Or not passing your next medical?
Yes very simple and understandable, even for a foreigner with limited English.
Here is my source by the way: http://www.grassrootinstitute.org/2017/04/the-jones-act-in-perspective/
Of course they may be wrong too, since there are a lot of foreigners in Hawaii and there are an obvious bias in a way different from yours.
I was of the impression that for a vessel to be Jones Act compliant all of the act have to be followed at all times, even if the vessel should make the occasional trip to a foreign port.
Or can you pick an choose when to comply without loosing the right to coastal service??
BTW This same discussion came up about the veteran Hurtigruten ship āNordstjernenā recently:
She is now protected as an historic vessel and owned by a non-profit company under NIS register, with Filipino, Polish and Lithuanian crew on ITF terms, operating cruises around Svalbard during the summer.
She does occasional trips with Cruise passengers along the Norwegian coast off-season, which requires NOR flag and thus crew on Norwegian terms. (Not necessarily Norwegians, except Master)
But when transiting on the coast without pax onboard she can operate as a NIS vessel. ,
This spring the 14 Pinoys on board got arrested briefly for breach of work permit rules when the ship was under NOR flag (The Polish and Lithuanians are EU citizen and thus does not require work permit in Norway): https://www.nordlys.no/bodo/krim/hurtigruten/14-personer-pagrepet-pa-cruiseskip-en-misforstaelse-sier-skipsrederen/s/5-34-607611
This have raised the question about how they do it? Can you change between NIS and NOR register at will to suite the trade of the day?? I havenāt seen any explanation yet, but the case was settled amicably, apparently.
Not too different from a Jones Act compliant ship switching between Domestic and Foreign trade?.
(We are not as different as you think)
BTW; I was of the impression that only OSVs are allowed to have foreign crew (except Master) when operating in foreign waters??
They are.
The requirement is to have US documented mariners, not US citizens.
Well Iām not sure who are wrong here: https://www.law.cornell.edu/uscode/text/46/8103
Maybe somebody with more detailed knowledge of the subject could wade in here? (jdcavo, where are you?)
Iām not sure it does. That regulation applies to employing mariners who do not hold original documents (aka ācertificatesā) issued by the U. S. Coast Guard. Non-citizens (resident aliens) can be issued ratings endorsements. That regulation enables the practice of some OSVs of using crew from the country in which they are working. In that context, itās not as much about the Master flying in as the rest of the (U.S.) crew flying out.
Iām not aware of a percentage requirement for U.S. citizens, but I am definitely not saying it doesnāt exist. I havenāt yet memorized the whole of Titles 46 to the U.S., Code and CFR. There is a requirement on how many of the crew can speak and understand English (it isnāt 100%).
Rules a practise may not be the same. In the days when there were lots of US flag vessels operating in S.E.Asia it was common that only the Master was US citizen (as required for US flag) but the officers and crew were of different nationalities and not necessarily from the country (or countries) where the vessel was operating. Similarly in West Africa and the earliest days in the North Sea.
Most American companies solved the problem by flagging their vessels to Panama and later to Vanuatu, or even to the country in which they operated. Flag has little meaning in most cases where there are free market competition though.
Today there are more countries that demand foreign vessels operating in their waters in an oil & gas related function to have some (or mostly) national crews.
This is hard to implement for specialized vessels, like large DSVs, Pipe layers, SSCVs etc. coming in for short periods for special jobs.
Only Australia demand even to have an Australian Master on board, although the flag state may not allow a foreign national as Master on their vessels. It sometime ends up with one āNational Masterā and a āMUA Masterā and a hope that they get along, or that the authority of the āMasterā is never tested in a court.
PS> I was involved in a tow of a Chinese owned rig managed by Maersk Drilling, from Chiwan in China to Darwin, NT in Australia where the situation got extreme. The Chinese Owners had their Master on board, while Maersk had their OIM/Barge master and a Towmaster for the trip. On top of that there were an Australian āMUA Masterā as well.
The tug was Singapore owned and flagged and had an American as the āOld Masterā and a āTrainee Masterā who would be taking over, as well as the compulsory āMUA Masterā.
Needless to say, as MWS i demanded that clear lines of command be established on the rig and tug for the trip. The Chinese ended up being legally the Master as the rig was Chinese flag, although knowing the Towmaster from several previous jobs, I knew who would actually call the scores.
Logically, the āOld Masterā was still in command on the tug until they reached Australia.
Luckily this was in the days of high oil prices.
Iāve been sailing for 20 years and I know from first-hand experience all you have to do is send your copy of your prescription and a note from your doctor stating you will be okay to operate but I would not take it on watch
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