Question regarding the requirement for a cruise ship to stop in a foreign port

[pazooter]

Bruce and I are having a discussion here regarding the requirement for a cruise ship to make a stop in a foreign port. I know that I've read an article explaining this before. He is very curious now and I can't explain it well. Says he wants to see it in writing! HELP! Anyone have access to a website for explanation. Thanks, Cathy

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[MidtheNight]

[url="http://www.shipguide.com/"]Jones Act Information[/url]

Click on the above link...it should answer all your questions. It has any number of links to the various parts from the actual text to current maritime law governing it, etc.

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[pazooter]

Thanks so much for the information. Great link and details. It all makes sense now in a sort of upside-down way. And many questions were answered. Cathy

[MidtheNight]

Glad I could help a fellow resident.....10 mi N of Tampa? I live about 1.5 hours south of there in Englewood. And yes, you're right, it does all make sense in an upside-down sort of way.

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[JamesOne]

pazooter,

Did that really answer your question? I can't find anything in that link by MidtheNight that refers to requirements of foreign port visits.

There is a thread on the Celebrity board that is discussing your question:

[url="http://messages.cruisecritic.com/2/OpenTopic?a=tpc&s=927093444&f=147097554&m=606103551"]http://messages.cruisecritic.com/2/OpenTopic?a=tpc&s=927093444&f=147097554&m=606103551[/url]

James

[smeyer418]

The answer to the question is that under the Jones act foreign flagged vessel may not do coastwise trade(trade between 2 US or more ports). That is why you leave and return to the same port and must go to at least one foreign port. There are exceptions for repositioning cruises over a certain number of days and where the cruise ends in a foreign country and not in the US. This is done as a protection to US Flagged vessels. Its why NCL America will be allowed to do this since its American flagged. I beleive that this restriction goes back to the 1800's. A cruise to no where that returns to the same port is ok too since its not providing transportation between different ports. When people get off in violation of this law(getting off in the US only), the cruise line is fined except where its a medical emergency.

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[JamesOne]

smeyer418,

What you say is what we have all heard but pazooter says Bruce "Says he wants to see it in writing!"

What is the source of your information? Is the Jones Act, that MidtheNight refers to, the same Jones Act that you are apparently referring to?

James

[smeyer418]

here it is simply

TRANSPORTATION OF PASSENGERS. THE ACT OF JUNE 19, 1886, AS AMENDED. 1 (46 App. U.S.C. 289 (2002)). No foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of two hundred dollars for each passenger so transported and landed.

here is more if you want to research it
[url="http://www.marad.dot.gov/Publications/complaw03/Cabotage.html"]http://www.marad.dot.gov/Publications/complaw03/Cabotage.html[/url]

[This message was edited by smeyer418 on 04-27-04 at 08:37 PM.]

[JamesOne]

Sorry smeyer418,

While your link is a little closer answering the question than the link provided by MidtheNight, it still does not apply. Your link applies to merchandise not cruise passengers.

Again, what is the source of the information in your original post?

James

[smeyer418]

I am not sure what you mean since it says passengers-... I also updated it and you may be looking at an old link....
I included more in the link since I thought it was interesting and that Puerto Rico was excluded ...it inlcudes the specific section of 49 USC that states
No foreign vessel shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of two hundred dollars for each passenger so transported and landed.

[smeyer418]

here is more

To encourage a strong U.S. merchant marine for both national defense and economic security, the nation's domestic waterborne commerce is reserved for vessels built in the United States, owned and crewed by American citizens, and registered under the American flag. U.S. laws governing the domestic transportation of passengers and cargo by water are generally known as the Jones Act, named after Senator Wesley Jones (R-WA), the sponsor of the Merchant Marine Act of 1920. The Jones Act continues to be the foundation for America's domestic shipping policy.

For further information, you can contact MARAD's Office of Ports and Domestic Shipping (telephone 202-366-4357, fax 202-366-6988, or email at [email]ports.marad@marad.dot.gov[/email]).


with a number to call and an email address

[JamesOne]

Thank you, that is the part of the act that I was looking for. That makes it pretty clear.

Thanks again,

James

I thought I read where one cruise line was going from Hawaii to San Diego with a stop in Ensenada, Mexico. I guess I was wrong as that would be a violation of the act.

[smeyer418]

It might be ok if it was a repositioning cruise in excess of 14? Days. There must be some regs about that somewhere. If it ended in Mexico it would be ok.