The Marine Fireman Official Organ of the Pacific Coast Marine Firemen, Oilers, Watertenders and Wipers Association
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THE MARINE FIREMAN Official Organ of the Pacific Coast Marine Firemen, Oilers, Watertenders and Wipers Association Volume 76 SAN FRANCISCO, CALIFORNIA, JULY 10, 2020 No. 7 APL Saipan struck from Maritime Security Program after Matson challenge On June 30, U.S. District Judge Ran- clined to vacate APL Saipan admission dolph Moss overturned a 2016 decision into the program, citing military readi- by the U.S. Maritime Administration ness concerns. His June 30 ruling invali- (MARAD) to allow the APL Saipan into dating the 2016 decision closes the case. the Maritime Security Program (MSP). An APL spokesperson said the rul- Matson, facing competition from APL ing came as the MARAD decision re- in the Guam trade, sued the federal gov- garding the ship was under further ernment in 2018. The company argued consideration. that the APL Saipan and the APL Guam “APL has every confidence that were wrongly allowed into the program, MARAD will be able to explain the ba- as their use did not constitute interna- sis for its determination and correct any tional under the law. perceived deficiencies in the original deci- On June 1, Moss ruled Matson did sion,” the spokesperson said. “APL is com- not have standing to challenge admis- mitted to working with MARAD to rein- File photo of the MV APL Saipan sion of the APL Guam, but told MARAD state the APL Saipan in the MSP program gain traction. has eight ships in the MSP, bringing in to elaborate on the rationale for allow- as quickly as possible, as we remain com- In 2018, it launched the current legal a total of $40 million with a ninth oper- ing the APL Saipan in. The Washington mitted to serving the people of Guam and fight. Matson chief executive Matt Cox ated by APL Maritime. Matson has no D.C. federal court judge said the agen- Saipan, and the U.S. military personnel has described the Guam trade as an “axe ships in the MSP. cy had the ability to grant an excep- stationed there, with a competitive, cost- fight” between the two companies, with The fate of the APL Saipan remains tion to APL Guam service to Guam as efficient and modern service.” its container volume falling from 25,800 unclear. The ship could be laid up if APL international. According to Moss, such Removing the ships from the MSP boxes in 2016 to 19,400 in 2019. decides that it cannot operate it under an exception did not exist in the law for has been a goal for Matson stretch- The MSP provides U.S.-flag ships the U.S.-flag without the MSP payment. APL Saipan calls to the North Mari- ing back to 2017, the year after APL be- working internationally $5 million each If, instead, APL were to withdraw the ana Islands, another U.S. territory, and gan challenging it directly in the Guam in exchange for government use in the APL Saipan from consideration and of- that MARAD had not explained why it trade. Matson first appealed the deci- case of war or national emergency. Ac- fer another vessel, various required ap- would be allowed. sion administratively and then in a fed- cording to the U.S. Department of proval processes for that vessel could In his initial ruling, Moss had de- eral appeals court, with both failing to Transportation, APL Marine Services take up to six months. Jones Act continues to receive bipartisan congressional support Last month, the maritime industry opposing deeply misguided efforts to From her neighboring state of Mis- Elaine Luria (D-Virginia), added during and the nation recognized the 100th an- undermine it.” sissippi, Republican Senator Cindy the hearing, “We all know the value of niversary of the Jones Act, the freight National security was an important Hyde-Smith said, “The Jones Act has the Jones Act on our national security, cabotage law that states cargo moved factor in several of the remarks made to enhanced American prosperity and on our U.S.-flag merchant fleet, and in from one domestic port to another must back the Jones Act. national security ever since its enact- protecting American jobs for American be moved aboard a U.S.-crewed, U.S.- “This pillar of maritime policy is to ment on June 5, 1920. It puts America mariners.” built, U.S.-flagged and U.S.-owned ves- credit for successfully protecting our first over subsidized foreign shipbuild- Referring to the Jones Act, Rep. Rob sel. Passed shortly after World War I, maritime economy and our national se- ers and foreign vessel operators that do Wittman (R-Virginia) noted, “We un- the Jones Act –also known as the Mer- curity for nearly a century,” said Rep. not pay U.S. taxes or comply with U.S. derstand how incredibly important it is chant Marine Act of 1920 - addressed John Rutherford (R-Florida). “Removing regulations.” to U.S. maritime interests.” the lack of U.S.-flag shipping capacity the market certainty that the Jones Act Rep. Filemon Vela (D-Texas) respond- But Congress wasn’t alone in real- to move, export and import goods. The provides would decimate the American ed, “For the Department of Defense, izing the value of the Jones Act to the Jones Act is only the latest in a series of maritime industry, putting our national maintaining a U.S.-flagged fleet is critical global economy. laws passed by Congress going back to security in jeopardy.” to ensuring we have sufficient U.S. sealift The London-based International its first session in 1789-90 to support capability, available at a moment’s notice, Transport Workers’ Federation (ITF) U.S. maritime interests. to defend our nation. Not only does the wrote, “It is the standard towards which Throughout the month of June, elect- We are, at our core, Jones Act support this vital national se- other national seafarers and their unions ed officials serving in the U.S. Senate curity requirement, it also provides and strive to achieve, since it protects the and the U.S. House of Representatives a maritime nation. economic benefit to our nation.” right and opportunity to work in their representing both major political par- The chair of the House Subcom- national trade on higher national wages ties have proclaimed their support for mittee on Coast Guard and Maritime and working conditions. The Jones Act the law. A joint statement issued by Sen- Added Rep. Rick Larsen (D-Wash- Transportation, Rep. Sean Patrick Ma- also helps raise global wages and work- ators Roger Wicker (R-Mississippi) and ington), “The Jones Act underpins U.S. loney (D-New York), pointed out, “The ing conditions for seafarers in interna- Maria Cantwell (D-Washington), the maritime defense policy, and is essential bedrock principles and protections of tional trades through the establishment chair and ranking member of the Sen- to preserving national security interests the Jones Act are as essential today as of such high standards.” ate Commerce, Science and Transpor- they were when the Congress bill was at home and aboard. Jones Act crews The chair of the ITF’s Cabotage Task tation Committee, as well as Represen- passed a century ago. We are, at our and vessels play a critical role in secur- Force, Jim Given of Canada, who also tatives Peter DeFazio (D-Oregon) and core, a maritime nation. We cannot be ing the nation’s strategic interests.” serves as the Maritime Trades Depart- Sam Graves (R-Missouri), the chair and complacent in our defense of the Jones From Senator Gary Peters (D-Mich- ment, AFL-CIO Eastern Area Executive ranking member of the House Trans- Act, which remains a critical component igan): “Each and every day, 365 days Board Member, flat out declared, “The portation and Infrastructure Commit- of U.S. maritime and military strategy.” a year, the Jones Act functions to pro- Jones Act is the ‘flagship’ of cabotage laws.” tee stated, “As bipartisan leaders of the That aspect was not lost on sever- tect our nation’s 95,000 miles of coast- House and Senate committees with ju- al other members of the House when Halls to close risdiction over maritime matters, we are line and inland waterways, limiting ac- the Armed Services Subcommittee on Harry Bridges’ Birthday — The committed to preserving the Jones Act. cess to foreign vessels and crews while Seapower and Projection Forces met mariners serve as the eyes and ears to MFOW hiring halls on the West The Jones Act has been a pillar of Amer- June 23 to review the Fiscal Year 2021 Coast will be closed on Tuesday, strengthen border and homeland secu- ican security and prosperity for a cen- National Defense Authorization Act. July 28, 2020, in observance of Har- tury. With the pandemic at hand, it is rity. Over the last 100 years, the men Subcommittee Chair Joe Courtney (D- ry Bridges’ Birthday, which is a long- more valuable than ever to our securi- and women of the U.S. maritime work- Connecticut) recalled earlier remarks shore holiday under the ILWU Master ty and economic interests. We are com- force have also unfailingly answered the from U.S. Maritime Administrator Agreement. It is therefore a recog- mitted to seeing the Jones Act preserved call of duty, providing vital services to Mark Buzby and U.S. Transportation nized MFOW holiday aboard APLMS for years to come,” the foursome wrote. support the nation in times of crisis.” Command Deputy Commander Dee and Matson vessels (except RRF ves- sels) in West Coast ports. It is not a Reiterating his longstanding support “At its heart, this law strengthens Mewbourne (a U.S.