Charlie Papavizas Discusses Jones Act Enforcement with The Seattle Times

Charlie Papavizas, chair of Winston’s Maritime & Admiralty Practice, was quoted in The Seattle Times’ article “New Anacortes-Built Trawler Could Be Grounded by Old Law, Endangering Two Local Firms” on June 3. The article discusses the potential financial repercussions faced by the Anacortes shipyard by Dakota Creek Industries for using too much foreign-modified steel prior to coming into the U.S. during the build of America’s Finest, a state-of-the-art, $75 million trawler, and the potential preclusion from fishing in U.S. waters. 

According to the article, Dakota Creek Industries has requested a rare waiver from the Jones Act to avoid selling the ship abroad at a big loss, which could result in the elimination of more than 500 highly paid and skilled trade jobs for two Washington companies.

Charlie points out that without a waiver there are no good options for the companies. “‘Jones Act waivers have been granted before, but a situation like this is extremely rare,’” he said. The article continues, “For example, someone who buys a 10- to 12-person commercial passenger vessel at a boat show might not know the Jones Act requirements and later finds out that the vessel would be considered foreign, not American. In order to legally operate the ship in U.S. waters they would need to be granted an exemption.”

“‘Even if Dakota Creek obtains a Coast Guard waiver, there’s not a high chance of this flying a second time,’” he said.

Charlie focuses his practice on administrative, legislative, and finance matters, primarily in the maritime industry. He is frequently consulted on the application of U.S.-flag laws and regulations, particularly the application of U.S. coastwise laws (Jones Act) to cargo, passenger, and vessel movements and investments in U.S. companies.