The Jones Act - Everything You Need To Know As A Mariner
You've heard the term a thousand times. On the boat, on the dock, on job boards. "Jones Act vessel." But ask anyone in the industry that’s not a lawyer what the Jones Act actually says and you'll likely get a lot of confident shrugging, including ourselves. So, we decided to do some digging to unravel this great maritime mystery. This is what we learned.
First, A Confession: Even Researching This Was Confusing
Before we get into it, let's address something that tripped us up while writing this post — and probably trips up anyone who goes looking for the source material.
The Merchant Marine Act of 1920 is a long, complicated piece of federal legislation. When people say "the Jones Act," they usually mean Section 27 of that act, which covers the coastwise trade rules (who can move cargo between U.S. ports). But dig into maritime law and you'll also see references to Section 33 — which covers seaman rights and personal injury claims. And if you go looking for either of those "sections" in a modern copy of the law, you might not find them at all.
That's because in 2006, the entire law was recodified into the U.S. Code. What used to be Section 27 is now 46 U.S.C. § 55102. What used to be Section 33 is now 46 U.S.C. § 30104. Same law, different address. This is probably why a lot of mariners ( and Google ) get confused about what the Jones Act actually contains.
So to be accurate: when mariners talk about the Jones Act in the context of jobs and employment, they're probably talking about Section 27 (now § 55102). When lawyers or HR talk about the Jones Act in the context of injury claims, they're talking about Section 33 (now § 30104). Both are part of the same 1920 Act. Both matter to you as a mariner.
Let's break them down.
Part 1: Section 27 — The One That Shapes Your Job Market
What It Says
Section 27 of the Merchant Marine Act of 1920 is the provision most commonly called "the Jones Act." It's a cabotage law — a rule governing trade within a country's own waters. In plain terms:
Any goods transported by water between two U.S. ports must be carried on a vessel that is U.S.-built, U.S.-flagged, U.S.-owned, and crewed by U.S. citizens or permanent residents.
All four points are requirements. Miss one and the ship isn't Jones Act compliant.
Why It Was Written
The law was introduced by Senator Wesley Jones of Washington after World War I. The war had exposed a serious vulnerability: the U.S. was heavily dependent on foreign-flagged ships, and when those ships got pulled into the war effort, domestic shipping fell apart. Congress wanted a strong, U.S.-controlled merchant marine that could serve commercial purposes in peacetime and support national defense in wartime.
The law passed in 1920. It's been amended several times — expanded to include towing vessels in 1940, updated again in 1988, and recodified in 2006 — but the core requirement has stayed the same for over 100 years.
What "Jones Act Vessel" Actually Means On A Job Posting
When you see a job listing that says "Jones Act vessel," it means the employer is operating under these requirements. For you, that translates to:
- You need to be a U.S. citizen or permanent resident to work on that vessel in coastwise trade
- The vessel itself was built in the U.S. and flies the U.S. flag
- The company employing you is U.S.-owned
This is why Jones Act work is a distinct job market within global shipping. Foreign-flagged ships operating in U.S. waters can do certain things, but they cannot carry cargo between two American ports. That work is reserved for Jones Act-qualified vessels — and their American crews.
Which Vessels Are Covered
The Jones Act covers more than just deepwater cargo ships. The coastwise trade requirements apply to:
- Oceangoing cargo ships and tankers
- Offshore supply vessels (OSVs)
- Tugboats and towing vessels
- Barges (and the tugs pushing them)
- Dredging vessels
- Harbor vessels
- Certain passenger vessels
The Great Lakes, inland waterways (including the Mississippi River system), and coastal waters are all covered. If you're working brown water, blue water, or anything in between on domestic routes, the Jones Act likely applies to your vessel.
Geographic Reach
The Jones Act applies to all "coastwise points" — which includes not just the contiguous 48 states, but also Alaska, Hawaii, Puerto Rico, Guam, and U.S. territories. Foreign ships inbound with international cargo cannot stop in Hawaii to drop some goods off and continue to Los Angeles. That leg of the journey requires a Jones Act vessel.
This is why the Hawaii and Alaska markets are significant sources of Jones Act work. Those routes can only be operated by qualified U.S.-flagged vessels.
Part 2: Section 33 — Your Rights When Things Go Wrong
This is the part of the Jones Act that doesn't show up on job listings but can become highly important should you suffer an injury offshore.
What It Says
Now codified at 46 U.S.C. § 30104, Section 33 gives qualified seamen the right to sue their employer for negligence if they're injured on the job — with the right to a trial by jury. It was modeled on similar protections that already existed for railroad workers under the Federal Employer's Liability Act (FELA).
Before this provision existed, an injured mariner's only option was a doctrine called "maintenance and cure" — basic room, board, and medical coverage while you healed. It was better than nothing, but it didn't account for lost earning capacity, or anything resembling full compensation. Section 33 changed that.
Who Qualifies As A "Jones Act Seaman" For Injury Purposes
Just because you work on a boat doesn't automatically make you a "Jones Act seaman" for the purposes of an injury claim. Courts have developed a two-part test:
- You must have an employment connection to a vessel (or fleet of vessels) in navigation. The vessel needs to be in active service on navigable waters i.e. not permanently moored or out of service.
- You must spend at least 30% of your working time on that vessel. This benchmark came from a 1995 U.S. Supreme Court case (Chandris, Inc. v. Latsis) and has been the standard ever since. Your duties also need to contribute to the vessel's function or mission.
Most crew members — deckhands, engineers, mates, captains — typically qualify. Shore-based workers, longshoremen, and port employees generally don't (they're covered by a different law, the Longshore and Harbor Workers' Compensation Act). The line can get blurry for workers who split time between vessel and shore duties.
What You Can Recover
If you qualify as a Jones Act seaman and your employer's negligence contributed to your injury you may be entitled to compensation for:
- Past and future lost wages
- Loss of earning capacity
- Medical expenses
- Pain and suffering
- Mental anguish
- Disfigurement
Maintenance and Cure: The No-Fault Floor
Even if you can't prove negligence, you may still be entitled to maintenance and cure. This is a separate, older doctrine under general maritime law that the Jones Act didn't replace.
Maintenance covers basic living expenses (think rent, food, utilities) while you're unable to work. Rates vary, but they typically fall somewhere between $15 and $50 per day depending on circumstances and any applicable union contract. It's not a lot, which is why negligence claims matter.
Cure covers reasonable and necessary medical treatment until you reach Maximum Medical Improvement (MMI) — the point at which further treatment isn't expected to help. Your employer is required to provide this regardless of fault.
The Statute of Limitations
You have three years from the date of injury to file a Jones Act claim. If you're injured, talk to a maritime attorney early — even if you're not sure whether you have a claim.
What This Means For You As A Working Mariner
The Jones Act shapes your professional life in two distinct ways:
Section 27 is why your job exists the way it does. The requirement that domestic cargo move on U.S.-crewed, U.S.-built vessels is what creates the Jones Act job market — the tankers, OSVs, tugs, and barges that run the coastwise trades and offshore supply routes. Without it, those positions could theoretically be filled by foreign flagged vessels with international crews at lower rates.
Section 33 is why you have more legal protection for injuries than many workers in America. The combination of a low negligence standard, the right to a jury trial, and the no-fault backstop of maintenance and cure gives injured mariners a stronger legal position than most land-based workers receive under state workers' compensation systems.
Neither of these things gets talked about much in the crew mess. But knowing they exist — and knowing the basics of what they say — puts you in a better position whether you're reading a job posting, negotiating with an employer, or dealing with the aftermath of an injury.
Finding Jones Act Work
Jones Act job listings aren't always easy to find — they're spread across company career pages, industry boards, LinkedIn, Facebook groups, and word of mouth. That fragmentation is actually one of the main problems we built BrightBoard to solve.
BrightBoard aggregates maritime job listings from across the U.S. maritime industry — including Jones Act vessels, OSV operators, tug and barge companies, and tanker operators — into one place. Whether you're an engineer looking for deepwater work or a deckhand trying to get your first billet on a Jones Act boat, it's free to use and updated regularly.
Browse Jones Act jobs on BrightBoard →
In Case You Missed It
Last week we discussed the importance of a resume when applying to maritime jobs and why you shouldn’t rely solely on your MMC. Check it out here.
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