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Jones Act question


charliem
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We will be taking a family cruise later this year which will depart from Vancouver and ends in Seward, AK. One of our party will not be able to board in Vancouver due to the logistics. We are seeking information about him boarding at our first stop, which will be Ketchikan, AK. It appears that the Jones Act makes it difficult for our party member to board other than in Vancouver. Is there a work around for this? It appears that there is a $562 fine for departing or boarding this cruise other than in Vancouver or Seward. Can our party member board in Ketchikan simply by paying the $562 fine? What are the particulars of accomplishing this boarding?

 

Thanks in advance for the advice.

 

Charlie

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It's actually the Passenger Vessel Services Act, as the "Jones Act" applies to cargo vessels.

 

In a nutshell, no there is no work around for him to board at Ketchikan, AK unless your friend is willing to only join the land excursions. Last year we had a post from somebody who left her passport home and missed her flight - and embarkation - at Vancouver and had to do just that as she was denied boarding due to the PVSA. The cruise line isn't going to give your friend or family member the OK to do something illegal per US authorities by allowing them to board in Ketchikan whether he is willing to pay the fine or not.

 

You're not the first one to be frustrated by the PVSA but it is protectionist legislation that is not likely to go away anytime soon. Otherwise foreign flagged ships could take over river crusing and ferry routes.

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There are issues beyond the PVSA here.

 

It is not just embarking in one US port (Ketchikan) and disembarking in another (Seward) without a call at a distant foreign port.

There will be no call at any foreign port.

Or the ship even touching foreign waters.

 

Which means your friend cannot make any duty free purchases. And likely their entire shipboard purchases will be subject to Alaska sales tax. The ship will have to take on the additional task of monitoring their account.

 

Beyond those who had booked the cruiseline air to Vancouver and somehow missed embarkation due to a legit reason that invokes a "first port protection" clause in the air booking, it is extremely unlikely anyone would be allowed to join the cruise in progress after the one mandatory foreign port call--which in this case is embarkation day.

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The fine is $762.00

 

Not likely the cruise line will allow you to elect to pay the fine...because the cruise line is the one that gets fined....and passes it on to the passenger. More likely that they will not sell you passage based on downline boarding.

 

As mentioned, it is the PVSA, not the Jones Act.

 

Truthfully, any management of this scenario would have to be worked out between the CBP and the cruise line ahead of time.

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We will be taking a family cruise later this year which will depart from Vancouver and ends in Seward, AK. One of our party will not be able to board in Vancouver due to the logistics. We are seeking information about him boarding at our first stop, which will be Ketchikan, AK. It appears that the Jones Act makes it difficult for our party member to board other than in Vancouver. Is there a work around for this? It appears that there is a $562 fine for departing or boarding this cruise other than in Vancouver or Seward. Can our party member board in Ketchikan simply by paying the $562 fine? What are the particulars of accomplishing this boarding?

 

Thanks in advance for the advice.

 

Charlie

 

They won't be able to board in Alaska and disembark in Alaska . This isn't the Jones Act but the Passenger Service Vessel Act. Carry passengers between passengers between US Ports by a Foreign isn't allowed.

In the case of Fight insurane that guarantee next port , in this case the cruise line will refund you the cruise fare and costs because of the PVSA act.

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There is only one circumstance that the cruise line would allow this to happen. If you booked NCL air, and if the flight was somehow delayed so that you missed the ship NCL would get you to the next port and on board, BUT that is not going to happen with OP, because NCL would never intentionally book air that would miss the ship.

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