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Advice on Jones Act for a B2B cruise

BrusselsGirl07

By BrusselsGirl07,
in Celebrity Cruises

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BrusselsGirl07

BrusselsGirl07

Posted
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For lots of good reasons, I am toying with doing a B2B Alaskan cruise on Millennium. I would combine the 7 day Southbound Alaska with the 7 day Northbound Alaska - starting in Seward and going to Vancouver, and then staying on and heading back up to Seward on the reverse trip. But I just read a post about the Jones Act - would this be in violation? Thanks for any advice! Yvette

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gek

gek

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I think the relevant act is called the Passenger Vessel Services Act

 

My understanding is that what you are looking at would be a violation of this act. Vancouver does not count as a "distant foreign port" which you would be required to visit to make the B2B trip legal.

 

Best idea is to ring Celebrity and check with them.

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Keith1010 "Live from...." Rare

Keith1010

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I do not believe this would be a violation if you are going R/T from and to the same USA port (Seward) with a stop in Canada but best to check with Celebrity. They will be able to determine whether or not you can book it this way.

 

Keith

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gek

gek

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Yes, I'll revise my previous advice and say it should be OK because it is a round trip. A B2B between two different US ports would be a problem but a round trip should be fine.

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Keith1010 "Live from...." Rare

Keith1010

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I didn't think it is a problem as long as you embark/disembark at the same US port (closed loop). HAL has 14 nt Alaskan trips that start and end in Seattle (stops in Victoria) so I can't think of a reason why it would be any different for a return trip from Seward.

 

http://www.sealetter.com/Oct-99/alancol.html

 

This is my understanding of how it works too.

 

When you start and end at the same USA port you just need to go to a foreign port. When you start and end at a different USA port you need to stop at a distant foreign port.

 

With that said, it is best to check with the cruise line who will know for sure.

 

Keith

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BEAV

BEAV

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As others have said there is no violation on a round trip Seward-Seward.

 

What you never see are cruises that operate Seward/Whittier to Seattle. That is a violation -- sailing one way between two different U.S. ports without first visiting a distant foreign port (of which Vancouver or Victoria are not).

 

Enjoy your B2B!

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Scrapnana "Live from...." Rare

Scrapnana

Posted
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I think the relevant act is called the Passenger Vessel Services Act

 

My understanding is that what you are looking at would be a violation of this act. Vancouver does not count as a "distant foreign port" which you would be required to visit to make the B2B trip legal.

 

 

How is a "distant foreign port" determined?

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BEAV

BEAV

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How is a "distant foreign port" determined?

 

With regard to U.S. laws and North America, the distant foreign ports are the islands of Aruba, Bonaire, Curacao as well as Cartegena, Columbia. Calling at any one of these four ports is what "qualifies" one-way Panama Canal cruises operating between Florida and California (or vice versa).

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rwr235

rwr235

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Thanks for the answers. That sounds like an act that is no longer relevant.

 

From what I have read over the years...it still has it's relevancy...just depends on whether you are a merchant marine/US Flagged Shipping/Cruise company...or a cruise passenger on a foreign-flagged vessel who wants to do a certain itinerary !!

 

Here's a very brief excerpt from a CBP publication explaining the relevancy:

 

As stated above, the intent of the coastwise laws, including the PVSA, was to protect U.S. shipping interests by providing a “legal structure that guarantees a coastwise monopoly to American shipping and thereby promotes development of the American merchant marine.” Autolog Corp. v. Regan, 731 F.2d 25, 28 (DC Cir. 1984); see also The Grenada, 35 F.Supp. 892, 893, 1940 AMC 1601 (DC Pa 1940) (stating that the legislative aim of section 289 [now 55103] was the creation of a practical monopoly of coastwise and domestic shipping business for United States ships). The PVSA was enacted to advance the United States merchant marine and fleet by restricting the use of non-coastwise-qualified passenger vessels in United States territorial waters.

 

Woody

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BrusselsGirl07

BrusselsGirl07

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Here is the response I got today, so we are all good to go! Thanks to those who replied!!

 

Good morning Yvette,

 

Thank you for your email.

 

The policy states that

 

"The Jones Act prevents cruise passengers sailing on a non-US registered

ship from embarking in one US port and disembarking in another US port,

without first calling at a distant foreign port."

 

As you are embarking and disembarking in the same port, this act does not

apply to you and you may take this back to back cruise.

 

 

Kind regards,

 

Krystal Van Someren

Cruise Administration

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BEAV

BEAV

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Great you got it confirmed and can now move forward with your plans.

 

I do find it intersting they refer to it as the Jones Act, when in reality it's the Passenger Services Vessel Act (PSVA).

 

But the important thing is that you're good to go.

 

Enjoy your B2B!

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  • 1 month later...
emptynest1958

emptynest1958

Posted
Posted

This is probably a silly question but I'm confused by this. Can anyone confirm for me, before I go ahead and book, that it's not a violation of the PSVA if there is at least an overnight stay on land between cruises? E.g I want to book the Century next May relocation cruise LA to Vancouver. Then a 5 night stay in Canada followed by Millennium Vancouver to Seward.

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BillB48

BillB48

Posted
Posted
This is probably a silly question but I'm confused by this. Can anyone confirm for me, before I go ahead and book, that it's not a violation of the PSVA if there is at least an overnight stay on land between cruises? E.g I want to book the Century next May relocation cruise LA to Vancouver. Then a 5 night stay in Canada followed by Millennium Vancouver to Seward.

 

Overnight stays do not impact the PVSA, the main sticking point is the same non US flagged ship can not transport you from one US port to another without a stop at a distant foreign port. If you change ships or cruise lines there is no violation. The cruise you reference would be a violation if it were the same ship, but since it is two different ships you are good to go:).

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