Jack Bergman: letter to Commandant Karl Schultz, Great Lakes Pilotage Act (August 27, 2019)

Summary

Letter dated August 27, 2019 from Jack Bergman, Member of Congress, to Commandant Schultz of the United States Coast Guard about designated waters under the Great Lakes Pilotage Act of 1960. Bergman asks whether the Coast Guard plans to formally designate any part of the Great Lakes and why designations have never included the Straits of Mackinac. The letter notes that the designations have not been reviewed or updated since President Dwight D. Eisenhower first enumerated them on December 22, 1960. It also asks the Coast Guard to address the impact of any designation on management of the pilotage system, pilot staffing needs and pilotage costs for foreign shipping companies.

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JACK BERGMAN WASHINGTON, DC OFFICE
dst Drstrrct, MichiGaNn 414 Cannon House Orrice Bumonc
Wasninaten, DC 20515

COMMITTEE ON ARMED SERVICES (202) 225-4735

COMMITTEE ON VETERANS’ AFFAIRS Congress of the Gnited States 1306 Doucis Dove, Sih 22
House of Representatives seers

4906) 273-2227

August 27, 2019

Commandant Karl! Schultz

United States Coast Guard

2700 Martin Luther King Jr. Avenue, SE
Washington, D.C. 20593

Dear Commandant Schultz:

It has recently come to my attention that Coast Guard regulations regarding designated waters
under the Great Lakes Pilotage Act of 1960 (“Pilotage Act”) have not been updated since the
time of the law’s enactment. I would like to know ifthe Coast Guard has plans to formally
designate any part of the Great Lakes and why designations have never included the Straits of
Mackinac. I am committed to learning more about this matter and ensuring appropriate and
proper designations are in place. |

As you know, the Pilotage Act identifies certain challenging areas of the Great Lakes as

“designated waters.” Within these waters, foreign vessels must employ a Great Lakes pilot to |
“direct the navigation of the vessel subject to the customary authority of the master.” 46 U.S.C.

9302(a)(i)(A). Great Lakes pilots are highly skilled vessel navigators with particular training,

experience, and expertise. For those waters not designated, a pilot must be on board the foreign

vessel but not necessarily directing the navigation. 46 U.S.C. 9302(a)(1B).

As the designations under the Pilotage Act have not been reviewed or updated since they were
first enumerated by President Dwight D. Eisenhower on December 22, 1960, has the Coast
Guard considered a review or update to its Great Lakes designations under this law? I recognize

that only the President can change the designation under 46 U.S.C. 9302, but any proposed

changes must begin through the interagency process at the Coast Guard level.

Finally, although protection of these waters is the highest priority, I would be grateful if you
could address the impact of any designation on management of the pilotage system, pilot staffing
needs, and especially pilotage costs as they relate to foreign shipping companies. While it is not
clear that higher pilot costs in designated waters would increase the overall cost of pilotage in the
Great Lakes because such charges are subject to a target total pilot revenue level, it will be
important for all involved parties, including the Coast Guard, to have a full understanding of the
potential impact prior to any decision.

I am grateful for all that the Coast Guard does to protect our Great Lakes, and I remain
committed to our shared goal of marine safety and environmental protection, Thank you for your

PRINTED ON RECYCLED PAPER
attention to this important matter. Please reach out to my staff, Remy Fortin
(remy. fortin@mail.house.gov), should you have any questions.

Sincerely,

Jack Bergman
Member of Congress


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