The Trump administration has extended its Jones Act waiver through mid-August. Here’s what it means for maritime commerce, and for the workers who keep it moving.

In late April 2026, the White House extended its Jones Act waiver by 90 days, pushing the expiration from May 17 to mid-August 2026. This allows the same broad list of covered commodities applies — including crude oil, refined products, natural gas, coal, fertilizer, and some 659 other items identified by Customs and Border Protection — to be carried by foreign-flagged vessels between U.S. ports.

The ongoing Iran war and the effective closure of the Strait of Hormuz, through which roughly 20 percent of the world’s oil normally moves, has prevented some 13 million barrels of crude and refined product from reaching the global marketplace every day. One important product, Brent crude from the North Sea, now is nearly $105 a barrel; gas at the pump has hit a national average of $4.00, a major factor driving this extension.

The Jones Act: What the Waiver Does (and Doesn’t) Change

The Jones Act (46 U.S.C. § 55102), born in 1920, is straightforward: any vessel moving merchandise between two U.S. ports must be American-built, -flagged, crewed, and owned. The current waiver suspends that rule for a defined commodity list and a defined period, but does NOT repeal the Act. Critically, the Jones Act’s protections for injured seamen, such as the negligence remedy, maintenance and cure, the unseaworthiness doctrine, all remain fully intact. Foreign seamen arriving at U.S. ports under the waiver also may, depending on the nature of their employment, acquire Jones Act rights under specific circumstances.

For businesses in the coastal trade (i.e. sailing between U.S. ports), the practical and economic implications are very real. Charter parties, bills of lading, and insurance policies written around Jones Act-compliant tonnage may apply or not apply unexpectedly when foreign-flag vessels are substituted. Carriers also must file the required U.S Customs and Border Protection documentation for each waiver shipment..

Military Necessity, Not Pump Prices

The current Administration’s public message has emphasized consumer fuel costs, but the legal foundation is military necessity. Under 2021 statutory changes, a Defense Department waiver request can succeed only if the government finds insufficient U.S. vessels to meet national defense needs and that the exemption is essential to address an immediate, adverse effect on military operations. The waiver is justified by the current war, not to the price board at your local gas station. This framing matters for how courts and agencies will review any challenge to the waiver.

Legitimate Counterpoints

Many mariners and industry professionals, such as Aaron Smith of the Offshore Marine Service Association (OMSA), have characterized the extension as a “sell-out” of the American maritime industry. The Jones Act sustains U.S. shipbuilding capacity and trained merchant marine reserve, the kind of institutional expertise that, once eroded, takes decades to rebuild. “Temporary” waivers tend to outlast their emergencies, and the future of the current waivers depends strongly on geopolitical factors.

What Comes Next

Three possibilities are likely:

If mine-clearance operations succeed and the Strait of Hormuz reopens before mid-August, prices will likely ease and the Jones Act reverts on schedule.

If the Iran War drags on, another extension request likely follows.

Or, the current moment becomes a catalyst for permanent statutory reform (However, that change would require an act of Congress, not a Department of Homeland Security bulletin).

For now, foreign-flagged vessels will continue to carry covered commodities in U.S. coastal trade markets. What this will mean for the future of the American maritime industry remains to be see.

We at the Herd Law Firm are proud to fight for seamen, maritime workers and passengers in all types of personal injury and death claims. As maritime personal injury attorneys (and sailors ourselves!) located in northwest Houston, we never waver in our commitment to help these maritime workers, passengers, and their families when they are injured or mistreated.

5/1/2026

The information in this post is for general informational purposes only and does not constitute legal advice. For questions specific to your maritime law issue, please contact us at 713-955-3699 or at Charles.Herd@HerdLawFirm.com.

Sources

Bloomberg / World Oil: “White House Extends Jones Act Shipping Waiver to August,” Jennifer A. Dlouhy, April 24, 2026.

CBS News: “Trump extends Jones Act waiver for another 90 days,” April 24, 2026.

The Hill: “Donald Trump extends Jones Act waiver to combat rising fuel prices amid Iran war,” April 24, 2026.

The Washington Times: “Trump issues 90-day extension of Jones Act waiver,” Tom Howell Jr., April 24, 2026.

BoatLaw.com: “The March 2026 Jones Act Waiver: Changes to Jones Act Requirements During the Iran War.”

Merchant Marine Act of 1920, 46 U.S.C. § 55102.

AAA Gas Prices national average data, April 25, 2026.