America's Cup Act of 2011 has passed! Now what?

While it is commendable that the Senate and House passed the America's Cup Act of 2011, I still question the need for the bill. This created a loophole in the Jones Act of 1920 and sets a precedent for every on the water sporting event to be held in the future. It will effect any boat race, power or sail, held in U.S. Waters. The America's Cup World Series Events and the America's Cup Challenge are very big events. The question now is, are they going to write new bills into law for the small events held in Florida, California, Washington and New England that draw international teams? 

Here is the Press Release from the America's Cup Race Authority:

America’s Cup Event Authority today issued the following statement on the America’s Cup Act of 2011:

Saturday, 05 November 2011

“We applaud the members of the U.S. Senate and U.S. House of Representatives who voted overwhelmingly in support of the America’s Cup Act of 2011,” said Craig Thompson, Chief Executive Officer, America’s Cup Event Authority. “This Act enables our international field of America’s Cup teams to participate in the only global sporting event currently committed to come to the United States in the next decade.”

The upcoming America’s Cup events in Newport, Rhode Island, San Francisco and San Diego, California are predicted to create thousands of jobs and over $1 billion in economic impact over the next two years. For the first time in history, the America’s Cup will be able to be seen from shore, creating tremendous public access for spectators as well as drawing large spectator crowds to benefit the port cities hosting America’s Cup events.

“We are very proud that our host cities of San Diego, San Francisco, and Newport, Rhode Island will benefit greatly from hosting America’s Cup events,” said Thompson. “We are working closely with the cities of San Diego, San Francisco, and Newport, Rhode Island to maximize this economic impact.”

Third party sources estimate a $20-million economic impact to San Diego from the event to be staged November 12-20, 2011, with an estimated $72-million economic benefit to Newport, Rhode Island, which will be held in June 2012.  Additionally, the America’s Cup is predicted to deliver an estimated over $1 billion economic impact to the San Francisco Bay area, with more than 8,500 jobs that will be created due to the America’s Cup.

The 34th America’s Cup is the oldest trophy in modern sport and continues to build upon its rich heritage of leading-edge innovation with an event that is designed to showcase the best sailors in the world on the fastest boats.

House prepares to vote on ship ballast standard.

TRAVERSE CITY, Mich. (AP) — Environmentalists tried to rally opposition Thursday to a proposed national policy for cleansing ship ballast water to kill invasive species, contending it is too weak and would pre-empt stronger state and federal rules.
The U.S. House was expected to vote as early as Friday on the measure, which comes as the Environmental Protection Agency is preparing to release its own regulations of ship ballast — a leading culprit in the spread of invaders such as zebra and quagga mussels in the Great Lakes and ocean coastal waters.
Sponsored by Rep. Frank LoBiondo, a New Jersey Republican, the bill would adopt a standard proposed by the International Maritime Organization limiting the number of live organisms that would be permitted in ballast water. Vessel operators would have to install technology to meet the standard.
The shipping industry has pushed for a single nationwide policy, saying the current patchwork of more than two dozen state and tribal regulatory systems is unworkable because vessels move constantly from one jurisdiction to another.
Great Lakes shippers are particularly unhappy about New York rules that set live-organism limits 100 times tougher for existing ships than those under the international standard. For newly built ships, New York's standards would be 1,000 times stronger. State officials have postponed the effective date to 2013, giving shippers more time to comply.
The industry says technology to meet the New York requirements doesn't exist. Shippers say the state's strict limits could close the Great Lakes to oceangoing vessels, since they must pass through New York waters to reach the rest of the system.
"While individual state standards and those set by the Clean Water Act function well for factories that are fixed in one location, it simply does not work for vessels engaged in interstate or international commerce," LoBiondo said.
Environmental groups said the bill would prevent EPA and the U.S. Coast Guard, which is also developing ballast rules, from imposing standards tough enough to make sure no more exotic species reach the Great Lakes. About two-thirds of the 185 invasive species in the lakes are believed to have arrived in ballast water. They've done billions in damages and are implicated in a variety of ecological problems, from runaway algae blooms to a shortage of plankton crucial for the aquatic food web.
"This bill is designed to keep the shipping industry off the hook and violates states' right to protect their waters from invasive species," said Marc Smith, senior policy manager for the Naional Wildlife Federation's Great Lakes office.
The measure would allow EPA to strengthen the federal standard beginning in 2016, or earlier if a state requests it, according to LoBiondo's office.
But the wildlife group said the bill would make it "difficult, if not impossible, to add new protections, even if the EPA and other agencies determine that the (international) standard is not doing the job."

JOHN FLESHER, AP Environmental Writer

Updated 12:28 p.m., Friday, November 4, 2011

Is the America's Cup in Jeopardy?

San FranciscoBusiness Times reporter Eric Young reported October 27th, 2011 that U.S. Senator Dianne Feinstein (D-CA) introduced a bill to the Senate on 20 October 2011 to facilitate the America's Cup Match to occur in San Francisco in 2013. Senate bill 1759 basically saves the America's Cup from the prohibitive rules outlined in the Jones Act of 1920. Commendable for her to do this I think, considering it will be a huge windfall for the City of San Francisco and the State of California. This is an example of a Senator doing the right thing to help out her constituency. There is only one question I have, which by the way is intended to be very cynical. Why was the Jones Act not a problem from 1920 thru 1995, when the Americas Cup was hosted in United States Waters?

 I have read the Bills, S.1759 and H.R.3270 (the House of Representatives nearly identical version), and they seem rather harmless in the grand scheme of things. They are very limited in focus, and effect primarily support vessels for the event. I also re-read every piece of the Jones Act I could think of that might affect the event, and I don’t believe the bills are necessary. Primarily because the waiver authority for Jones Act regulation  already resides with several government agencies. 

They were read twice in their respective forums and will be up for discussion and the a vote. This is government efficiency, right? (Warning, I'm going to get cynical again.)So, my first question stands, why wasn't this a problem from 1920 thru 1995? The next question is, are we going to hear anything about this as it progresses? Answer: Probably not. Why do we care now. Let me think … oh yeah, its an election year next year. This would be a harmless feather in the cap of the good Senator on how her bill saved the America's Cup Event in San Francisco. A more sinister answer could be that since this is an "under the radar" bill (Her office didn't even issue a press release about it), how easy would it be to tack something more meaningful onto it?  I hope this is not the case.

Now, Senator Feinstein has done many things and has many accomplishments. Some of them I actually agree with and some of them (I believe) did more harm than good. I believe that she is doing what she feels is in the best interest of her constituency as well as our country (No I don’t think she's evil), however, I question the need for this Bill now, when the only thing it really threatens immediately is the San Diego America's Cup World Series Match beginning November 12th.

Introduction of this now will not only create panic for the organizers of the America's Cup and the World Series events, but it will open the door for a lot of confusion regarding the Jones Act, which has done pretty well for us since 1920.

Lets leave this fine event and its coverage to the Port Authority of San Francisco, the US Coast Guard, Immigrations  and Customs Enforcement (ICE), and the governing body of the America's Cup Event.  I for one think that this should remain a sporting event with a long and distinguished history dating back to 1851, before it became the America's Cup.

In August of 1851, a Schooner christened America raced against 15 other yachts in a 53 nautical mile regatta around the Isle of Wight. She finished 8 minutes ahead of the nearest rival. This is when its said Queen Victoria asked who was second and someone replied to her,"Ah, Your Majesty, there is no second."

Since 1857, the America's  Cup (newly renamed) has been a perpetual challenge trophy via Deed of Gift of the Americas Cup to the New York Yacht Club.

Politics were not involved in 1851, and should not be involved now. It’s a stretch (at the least) to say the Jones Act will interfere with the upcoming events and our politicians have more to worry about than a yacht race in San Diego or San Francisco.