Jones Act and Winni
 

Weird question. I have a hazy recollection of an old article about NH not allowing the coast guard to "take over" NH inland waterways. So if the coast guard doesn't have authority in Winnipesaukee does the Jones Act apply to Winnipesaukee? I am guessing yes.

https://www.nytimes.com/1976/04/18/a...ight-with.html

How would the Jones Act have any meaningful impact on maritime commerce on Lake Winnipesaukee, a body of water with no navigable connection to any other body of water?

The Jones Act is a federal law that regulates maritime commerce in the United States. The Jones Act requires goods shipped between U.S. ports to be transported on ships that are built, owned, and operated by United States citizens or permanent residents.(from Investopedia.com) I don't see where that comes to Winnipesaukee, but crazier interpretations of law have occurred.

(Now Plastic)...
 

The article hits a NYT paywall. Would a subscriber kindly copy the text?

Perhaps the "win" was to inoculate the state against changing Lake Winnipesaukee's established and extensive wooden-spar system of navigation. (?)

Comes up for me, and I sure don't subscribe. Can't believe this was over 40 years ago. It was a huge deal at the time and of course back then Mel Thompson took Live Free or Die pretty seriously

It actually reaches a little father than you might think. It has been amended a few times throughout the decades to involve more.

I actually came across this in my research and kind found it funny how it actually calls out NH as an exception:

§4301. Application
(a) This chapter applies to a recreational vessel and associated equipment carried in the vessel on waters subject to the jurisdiction of the United States (including the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988) and, for a vessel owned in the United States, on the high seas.

(b) Except when expressly otherwise provided, this chapter does not apply to a foreign vessel temporarily operating on waters subject to the jurisdiction of the United States.

(c) Until there is a final judicial decision that they are navigable waters of the United States, the following waters lying entirely in New Hampshire are declared not to be waters subject to the jurisdiction of the United States within the meaning of this section: Lake Winnisquam, Lake Winnipesaukee, parts of the Merrimack River, and their tributary and connecting waters.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 529; Pub. L. 105–383, title III, §301(b)(4), Nov. 13, 1998, 112 Stat. 3417.)

The Jones Act is best known for the reason articulated by Descant in his post above. This part of the statute relating to goods transported between U.S. ports dates to 1920, and as I mentioned would have little (if any) meaningful impact on Lake Winnipesaukee. The section you quote here is part of a chapter pertaining to recreational vessels, and appears to have been added to the statute no earlier than 1983, perhaps as a result of the work done by the New Hampshire federal congressional delegation and state executive branch in response to the meddling by the Coast Guard, as pointed out in the NYT article.

So what do you think? Does it apply to Winnipesaukee? I am genuinely curious.

About what specific section or sections of the Merchant Marine Act of 1920 are you inquiring? The act covers a lot of different stuff. If you are asking about the inspection and regulation of recreational vessels on Lake Winnipesaukee falling under the jurisdiction of the United States (i.e., the Coast Guard), I would say no, it does not apply.

Speculation
 

I

f NH had not "won" exemption from the Jones Act, would we now have:

A buoy system understood by boaters from other states, funded by USCG?
A safe passage law that others understand?
Overnight anchoring?
Overboard discharge of grey water?
A reasonable and prudent/Rule six speed law?
No requirement for under 13 to wear a PFD?
OK to ride on gunwales?
Etc
Etc
For "Live Free or Die" we have a huge number of laws and rules that really should be common sense.
Please don't start to discuss these--the point is to say that the Jones Act does some things for us that are good, and some not so good.

A bit off topic, but as a “youth”, I spent my summers on Northeast Pond in Milton. Half of the lake is NH and the other half ME. It’s a very small lake, but since it borders 2 states, we did have periodic visits from the Coast Guard. I remember a few times being asked “permission to board” my 12’ – 9 ½ HP boat by the CG :) We also had NH and ME marine patrol. Markers were a bit of a cluster, though mostly NH. Depending on where you were determined who would stop you unless it was CG and the could do it anywhere.

https://www.google.com/maps/place/No...!4d-70.9670683

Is that the area commonly referred to as "Milton 3 Ponds" ?

If so, my daughter frequents there. Never realized it was split by ME / NH.

USCG on the Lake
 

I remember there being quite a flap when Mitt Romney was running for President and the Coast Guard put small gunboats (yes, w/ 50cal guns) on the lake and stationed them in front of his property. Man, were they belligerent. If you went putt-putting by, even way further than 250' offshore, they'd rush out at you.

I appreciate the Coasties out there in the seas but would not want them on the Lake.

Yup, there are 3 ponds, Northeast, Town and Milton connected by the Salmon Falls river. Spend a lot of time there from late 50s until mid-2000

Oversight of the Jones Act extends far beyond the USCG (CBP, TSA, ICE etc. all play rolls), so you cant disqualify the application based solely upon their lack of jurisdiction on the lake.

I too am curious which sections you are inquiring about. Overall I would tend to agree with TIM Guy in that Winnipesaukee does not fall under jurisdiction of the Jones Act.

Originally the post was specific to something I actually was able to answer myself. But after going down the rabbit hole came up with more questions. First I know we all have our reason why Winni is unique but I love learning new things like this that really do make Winnipesaukee unique, in this case literally legally unique in the USA.

This first one that pops into my head is if I "charter" a pontoon boat that has more the 12 people is the operator technically violating the Jones Act? I can't imagine anyone cares, but still. There is no way the consumer purchased toons are stamped by the coast guard.

I would assume just over the years the "mount" got a stamp at some point.

USCG was on the lake, briefly, during the Reagan administration. For once, they had more funding than they really needed.

The Jones act was modified a few years ago to redefine "Navigable waters" and other details. USCG now only has authority over waters that can be navigated in both directions to international bodies of water, and interstate bodies of water. That leaves most of our rivers and lakes to local and state supervision.

Several of our rivers are technically included in federal jurisdiction because they form part of our borders or reach the sea.

The law does not prohibit USCG or other Federal Agencies from any public waterway. This is the same as any individual or group driving on a highway or walking in a park. The state does have letters if reciprocity with the USCG allowing mutual authority to act in various matters and areas. To the best of my knowledge, no such agreement applies to our lakes - just the seacoast.

That's all I think I know about that.