AMP and AWO urge unified US Covid-19 protocols and support for the Jones Act

Michael Roberts, president of the American Maritime Partnership (AMP), called upon US Coast Guard Captains of the Port to agree on a unified set of protocols regarding Covid-19 treatment of mariners on U.S. flag vessels operating in the non-contiguous trades serving Hawaii, Alaska and Puerto Rico.

In an interview with AJOT, Roberts praised the role of the Coast Guard in responding to the Covid-19 crisis.

Roberts urged that mariners should receive priority in being tested for Covid-19 so as to mitigate risks of maritime supply chain disruptions and provide a federal standard for the U.S. maritime industry.

Roberts urged that the Coast Guard and Centers of Disease Control (CDC) jointly develop nationally imposed and uniform protocols ensuring that, in the case of a vessel serving in the U.S. coastwise trade, “a cargo ship should not be quarantined.”

Roberts conveyed a similar message to members of the House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation during a hearing on May 29th.

His concerns were echoed by Jennifer Carpenter, president & CEO of the American Waterways Operators (AWO) who also testified at the May 29th hearing.

Avoid Placing Vessels at Anchorage

Roberts related to the AJOT that there have been two incidents on the West Coast where vessels were forced to go into anchorage. In one case the crew member tested negative: “One vessel with a suspected case was sent to anchor, where a health care worker delivered by pilot boat climbed on board and administered a COVID-19 test. The specimen was rushed to the lab and was fortunately negative. Only then was the ship allowed to proceed to berth.”

Roberts said the decision to send the vessel into anchorage while testing mariners is causing major delays in vital supplies to people and businesses, “If there is a concern about infection, the ship should be allowed to berth. In the United States the berths at U.S. ports are already secure locations with strict access requirements. The crew member or members can be tested and sent to hospital if necessary… Crowley has an agreement in place for these rules at the Ports of Jacksonville and San Juan. The same should hold true for others ports in the United States.”

Risks to Supply Chains of Hawaii, Alaska and Puerto Rico

Roberts went on to say, “What is at issue here is are the supply chains serving Puerto Rico, Alaska and Hawaii. They are based on just-in-time inventories and when federal officials send a ship into anchorage they are causing delays in the deliveries of products that adversely impact people and businesses awaiting those shipments.”

Roberts said sick mariners should be removed and treated and the rest of the crew removed and quarantined and the ship sanitized and a new crew brought in, rather than sending a ship to anchor, “The crew member suspected of having infection can be safely removed from the ship and tested, with results immediately available. If they test positive for COVID-19, the company would then implement plans for removing and testing /quarantining the rest of the crew and disinfecting the ship so that it can be safely and promptly returned to service with a new crew. This is the safest and most efficient way of proceeding, ensuring that a crew member with suspected COVID-19 quickly receives needed care, fellow crew members are properly isolated and quarantined, and the ships providing essential services to American consumers and businesses are allowed safely and promptly to resume service.”

Roberts also noted, “Fortunately, the number of suspected COVID-19 cases involving American mariners has been relatively low. When such cases do arise, however, the question becomes how to effectively manage those cases given the vital role of maritime transportation in America. We believe there is a general understanding on this subject, but an urgent need to clarify and reinforce the message.”

Different Approaches to Cruise Ships Versus Cargo Ships

He explained that the protocols imposed by the Coast Guard and the CDC were first utilized as a result of outbreaks that occurred on cruise ships and continued to be utilized on cargo ships:

“A cargo ship with 20-25 mariners or a fishing vessel with 150 mariners is very different than a cruise ship with thousands of passengers and crew. Both a cargo ship and a cruise ship may report a suspected COVID-19 case prior to entering a port. Sending the cruise ship to anchor may make sense to allow complex logistical arrangements involving thousands of people to be worked out. However, the cargo ship should be allowed to proceed to berth at a controlled-access secure terminal rather than being sent to anchor ...This unfortunately has not been how some of the few instances of suspected infection have been handled.”

Roberts said that an order issued by a county judge in Texas would have required any vessel with a suspected case be sent to anchorage and kept there for a 14-day quarantine period: “One can only imagine the impacts on supply chains if that order was enforced. As a single vessel, may account for a large portion of the weekly commerce of the communities in the noncontiguous U.S. trades, any delay, no matter how slight, may have a serious impact on those states and territories being served.”

American Waterways Operators’ Vital Supply Chain Role

Jennifer Carpenter, president & CEO of the American Waterways Operators, also testified before the House Transportation and Infrastructure Subcommittee.

She noted the vital role of the industry in providing supply chain support, “The men and women of the tugboat, towboat and barge industry have played a key role in keeping our nation’s economy afloat, remaining open for business and continuing to move essential cargoes such as agricultural products, fertilizer, coal, petroleum and petrochemicals, wood and paper products, steel and construction materials. Tugboats continue to guide ships, from containerships and tankers to the hospital ships USNS Comfort and USNS Mercy, safely into port. Tugboats and barges have begun a busy summer season of supplying native Alaskan villagers with everything they need to subsist in an unforgiving environment. While cargo volumes in many sectors have declined due to depressed demand, mariners have continued to report to work, vessels have continued to operate, and the industry has adapted to maintain operational continuity and readiness.”

Contamination Challenges

Carpenter noted that crews and operators are working hard to keep their vessels free of contamination and praised the cooperation of the U.S. Coast Guard: “A tow on the river or an articulated tug-barge unit at sea for two to four weeks at a time is effectively a self-quarantined environment, and companies quickly put in place – and have continued to refine – procedures aimed at keeping the virus off their vessels. These include, but are not limited to, pre-screening crewmembers prior to leaving home and again prior to boarding a vessel, often in conjunction with telehealth providers; modifying crew change procedures to keep crews together as a unit, minimize exposure during travel to vessels, and avoid large groups congregating on crew change days; minimizing non-essential contact between crewmembers and non-crewmembers, including increased reliance on objective evidence of regulatory compliance and remote audit and inspection techniques; and developing more stringent vessel cleaning and decontamination procedures. Crewmembers, for their part, have taken seriously their status as essential critical infrastructure workers and taken steps to safeguard their health and safety while off duty. And, regulatory authorities, including the U.S. Coast Guard, have been proactive and cooperative in working with industry to employ flexibility to meet regulatory objectives while reducing unnecessary health and safety risks.”

Wanted: A Unified Federal Response

Like Roberts, Carpenter urged a uniform Covid-19 response by federal agencies, “The lessons of this experience are worth remembering as we move from the acute, to the chronic, and eventually to the recovery phase of the pandemic: just as a patchwork of state and local stay-at-home orders is incompatible with the efficient and effective operation of the maritime supply chain, so too is a patchwork of state and local laws and regulations established for other purposes. Uniform, nationally consistent regulations are essential to effective functioning of the maritime supply chain.”

Investment in Port & Waterways Infrastructure and US Coast Guard

She urged an increased investment in port and waterways infrastructure including passage of the Water Resources and Development Act, “Investment in our ports and waterways infrastructure is an investment in American jobs, in American competitiveness, and, given that maritime transportation is the greenest mode of transportation, with the smallest carbon footprint, in the health of our natural environment as well. Now more than ever, investing in infrastructure will help our nation’s economy get back on its feet. This means passing a Water Resources and Development Act; increasing investment in locks, dams, harbor maintenance and dredging; and building the next generation of Coast Guard buoy tenders and ensuring the funding to keep them operating. As demand for waterborne commerce increases as we recover from the economic shocks of the pandemic, we need to ensure that our waterways are open for business and in condition to accommodate this demand.”

Importance of The Jones Act

Finally, Carpenter noted the importance of the Jones Act and the need to oppose loopholes and waivers. “The Jones Act, which celebrates its 100th anniversary on June 5, but whose antecedents date back to the earliest days of our country, has served our nation’s economic, homeland and national security well. It is more relevant than ever today, as both the pandemic and the prevailing geopolitical situation underscore the inadvisability of relinquishing control of our domestic maritime supply chain to foreign companies (perhaps state owned) and foreign mariners. I want to thank Chairmen DeFazio and Maloney, and Ranking Members Graves and Gibbs, for your leadership in opposing opportunistic calls to waive the Jones Act and break faith with the American companies and American mariners on the front lines of keeping our economy afloat. Thank you, as well, for including in the Coast Guard authorization bill language to prevent the emergence of a Jones Act loophole related to the operation of heavy lift vessels servicing offshore energy installations.”

As AJOT has reported, demands for waivers to the Jones Act increased during the Trump Administration as special interests sought U.S. coastal maritime business for foreign flag operators and crews.

Roberts echoed Carpenter by stating: “The Covid-19 crisis has created challenges to the supply chain all over the world and should remind Americans on the 100th anniversary of the Jones Act about why we have a law that guarantees that vessels operating between US ports be built in the United States, manned by U.S. mariners and owned by U.S. citizens.”