Jones Act, Cabotage and B2B

Can someone please explain why this is not allowed?

NY to SJU stopping at BVI, St Kitts

and

SJU to MIA stopping at BVI, St Kitts, Castaway Cay

You've almost answered your own question.

The Passenger Vessel Services Act prohibits foreign registered ship from carrying passengers between two US ports without visiting a "distant" foreign port. None of the ports on those itineraries are distant.

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Can someone please explain why this is not allowed?

 

NY to SJU stopping at BVI, St Kitts

 

and

 

SJU to MIA stopping at BVI, St Kitts, Castaway Cay

It has to do with where the money goes. The law was enacted during a time when US shipping companies were being outbid by foreign flagged companies for the same routes.

Some of the Magic itineraries disembark from Miami and go straight to Key West. Why is this allowed?

Key West is not the 'end' .. you can not end your cruise here without a fine .... the cruise returns to Miami after visiting a not US port (typically Bahamas) aka 'closed loop'

and Bahamas does not qualify as 'distant' .....

old laws but certain groups lobby HARD to keep them on the books ..... getting waivers for vessels to carry supplies to P.R. for hurricane relief were fought against .....

Some of the Magic itineraries disembark from Miami and go straight to Key West. Why is this allowed?

"Disembark". Do you mean the Magic starts a cruise in Miami? That would be "embark". Disembark is where you get off the ship.

As noted Key West is just one of the ports on a cruise. People are not getting on the ship in Miami, and getting off the ship in Key West.

"Disembark". Do you mean the Magic starts a cruise in Miami? That would be "embark". Disembark is where you get off the ship.

Yep. .My bad.

I think you could do it if you boarded another cruise ship from San Juan back to the US, but because it's a b2b on the same ship, then it's considered that the ship is taking you from NY to Miami without visiting that distant port (ie a port not considered to be in North America).

I think you could do it if you boarded another cruise ship from San Juan back to the US, but because it's a b2b on the same ship, then it's considered that the ship is taking you from NY to Miami without visiting that distant port (ie a port not considered to be in North America).

That's exactly it.

A foreign-flagged ship cannot transport a passenger from one US port (embarkation) to a different US port (disembarkation) without a stop in a distant foreign port. A "distant" foreign port is any port NOT " in North America, Central America, the Bermuda Islands, orthe West Indies (including the Bahama Islands, but not including the Leeward Islands ofthe Netherlands Antilles, i.e., Aruba, Bonaire, and Curacao)."

This is how the cruise line gets around having to go to the ABC islands (the above mentioned Aruba, Bonaire, and Curacao) when repositioning the ship from NYC to Miami. The NYC to PR is allowed under the PR exemption to the PVSA, and the same for the PR to Miami. It is the combination of the two that becomes a violation.

Shmoo: The origins of the PVSA have nothing to do with foreign companies outbidding US ships for routes. The PVSA grew out of the large number of fires and explosions on steamboats in US bays, harbors, and rivers in the early-mid 1800's. Congress enacted the Steamboat Act of 1852, establishing the Steamboat Inspection Service (the precursor of today's USCG Marine Safety Office) to ensure these passenger vessels met the mandated safety measures. The steamboat operators responded by flagging their ships to foreign countries to avoid the expense. Congress responded by passing the PVSA in 1886, requiring all "coastwise" passenger traffic to be on US flag vessels, to ensure compliance with the 1852 and subsequent marine safety acts. Folks who say this Act was passed to protect maritime labor or US shipyards are incorrect. Most of the ships involved at the time were built in US shipyards anyway, even when subsequently flagged foreign.

Some of the Magic itineraries disembark from Miami and go straight to Key West. Why is this allowed?

Up until the 80's, this was not allowed, since this was considered to be transportation between US ports. The PVSA was amended in the 80's to include the wording "permanently disembark" at a different US port from embarkation, to allow cruise ships to make more than one US port call during a cruise.

 

old laws but certain groups lobby HARD to keep them on the books ..... getting waivers for vessels to carry supplies to P.R. for hurricane relief were fought against .....

And were not needed, as the docks were stacked with containers unable to move to the needed areas, and Jones Act ships were available and active in carrying supplies to San Juan. Similarly to the Jones Act waiver during hurricanes Harvey and Irma. Big thing about getting foreign tankers to bring fuel to Florida, when there were 6 US flag tankers anchored off Florida (I was on one) waiting for the ports to open, and others loading at what limited refinery capacity there was along the Gulf coast, or waiting to load. This much publicized waiver resulted in exactly one foreign flag tanker loading refined product for Florida. Harvey/Irma was never about lack of tonnage due to Jones Act restrictions, it was about damaged and offline refineries and closed Florida ports. Hurricane Maria was also not about limited tonnage, but about limited harbor space and limited infrastructure to get the materials from the harbor.

CLIA and Puerto Rico lobbied for 10 years to get the exemption to the PVSA for Puerto Rico, and look what happened. Carnival was the only line to take it up, and the regular one way service lasted about two years and was dropped due to lack of customers.

I think you could do it if you boarded another cruise ship from San Juan back to the US, but because it's a b2b on the same ship, then it's considered that the ship is taking you from NY to Miami without visiting that distant port (ie a port not considered to be in North America).