I'm not a Captain yet, signing up for the class soon. I was told that a boat built outside the U.S, can't be used for a charter boat, water taxi, ect.... The guy said the name of the law, but I don't remember it. Any truth to this???
Foreign built boats for charter????
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That is called the Jones act and it restricts foreign built vessels from being used in the US as passenger vessels where a fee is being charged.
OP
O.K. Thanks. Seems a little dumb to me. They can use foreign built airplanes for passengers, foreign built cars and busses to carry people, but no foreign built boats. Makes lots of sense. Anyway, thank you for the info.
IIRC the Jones act only applies to documented vessels. Will/is your vessel documented? There are exemptions, but its just shy of an act of Congress to get one. Among other things you'd need to document how you won't be competing with a domestically built vessel in the same trade.
Jones Act Waiver
A relatively new program has been introduced that mitigates the strict requirements of the Jones Act. As you may know the Jones Act requires that all commercial vessels carrying cargo or passengers for hire must be built in the United States, owned by US citizens, crewed by US crew members and operated under strict USCG regulations.
However now under very specific terms and regulations it is possible to operated a foreign built, foreign flagged vessel or a former US flagged vessel under certain conditions that previously required a Jones Act Vessel.
The Secretary of Transportation has been authorized to waive the domestic build requirements for foreign built or rebuilt small passenger vessels authorized to carry no more than 12 passengers.
The program allows vessel owners to request a waiver of the US build requirement of the coastwise trade laws for a vessel eligible to carry limited (12 pax) passengers in a specific area.
In order to grant such waivers, the Secretary must determine that employment of the vessel in coastwise trade will not adversely affect US vessel builders or the coastwise trade business of any person who employs vessels built in the United States.
Once this waiver is obtained, the vessel must then meet all requirements imposed by USCG for other vessels working in that trade. Since the 6 passenger and 12 passenger requirements are fairly minimal, this will allow many owners of foreign built vessels to put their boats into commercial service.
The process requires filings with the Maritime Administration, certain reports on effect on other builders and operators in the required geographic area and publication in the Federal Registry. The Secretary then evaluates any opposition to the waive and makes an administrative decision.
I own a French built catamaran and have gone through the waiver process. I filed the paperwork and the $300.00 fee for consideration. After my application was reviewed my request was posted in the Federal Register for 45 days for comment. After that period of time past my approval was granted within 30 days. The whole process took about 90 days from application to approval.
The one big benefit of gaining the approval is that the waiver stays with the hull of the vessel. So, if you sell the boat the exception to the Jones act stays in place...
A relatively new program has been introduced that mitigates the strict requirements of the Jones Act. As you may know the Jones Act requires that all commercial vessels carrying cargo or passengers for hire must be built in the United States, owned by US citizens, crewed by US crew members and operated under strict USCG regulations.
However now under very specific terms and regulations it is possible to operated a foreign built, foreign flagged vessel or a former US flagged vessel under certain conditions that previously required a Jones Act Vessel.
The Secretary of Transportation has been authorized to waive the domestic build requirements for foreign built or rebuilt small passenger vessels authorized to carry no more than 12 passengers.
The program allows vessel owners to request a waiver of the US build requirement of the coastwise trade laws for a vessel eligible to carry limited (12 pax) passengers in a specific area.
In order to grant such waivers, the Secretary must determine that employment of the vessel in coastwise trade will not adversely affect US vessel builders or the coastwise trade business of any person who employs vessels built in the United States.
Once this waiver is obtained, the vessel must then meet all requirements imposed by USCG for other vessels working in that trade. Since the 6 passenger and 12 passenger requirements are fairly minimal, this will allow many owners of foreign built vessels to put their boats into commercial service.
The process requires filings with the Maritime Administration, certain reports on effect on other builders and operators in the required geographic area and publication in the Federal Registry. The Secretary then evaluates any opposition to the waive and makes an administrative decision.
I own a French built catamaran and have gone through the waiver process. I filed the paperwork and the $300.00 fee for consideration. After my application was reviewed my request was posted in the Federal Register for 45 days for comment. After that period of time past my approval was granted within 30 days. The whole process took about 90 days from application to approval.
The one big benefit of gaining the approval is that the waiver stays with the hull of the vessel. So, if you sell the boat the exception to the Jones act stays in place...
Chugwhump
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Where do cruise ships enter this equation?
I do not think the US has built one in over 50 years.
Chug
Lived aboard the Emerald Seas
I do not think the US has built one in over 50 years.
Chug
Lived aboard the Emerald Seas
What is known as the Passenger Vessel Act (PSA) of 1886 (46 U.S.C. 289) states that “no foreign vessel shall transport passengers between ports or places in the United States, under penalty of $200 for each passenger so transported or landed.”
Over time, a number of exceptions have been made to the Jones Act, for example Canadian vessels may transport passengers between Rochester and Alexandria Bay, New York and between southern Alaska and U.S. ports until an American carrier enters the markets. Similarly, foreign vessels may transport passengers between Puerto Rico and the U.S. mainland as long as a U.S. carrier does not provide such service.
Foreign-flagged cruise ships may carry passengers from a U.S. port as long as they return them to the same port (a "cruise to nowhere"). Foreign vessels may also call at intermediate U.S. ports as long as no passenger permanently leaves the vessel at those ports and the vessel makes at least one call at a foreign port.
While the PSA prevents foreign cruise ships from carrying passengers directly from Alaska and the West Coast to Hawaii and from competing for Hawaiian inter-island cruise traffic, a considerable number of foreign cruise ships do visit Hawaii in any given year. American passengers on foreign cruise ships to Hawaii must board in another country—typically, Vancouver, Canada or Ensenada, Mexico. These ships cannot pick up a passenger in one U.S. port and drop off the passenger in another U.S. port. However, after arriving from Canada or Mexico, they may tour the islands and drop off passengers in Hawaii. They may then pick up new passengers, tour the islands, and return to Canada or Mexico.
In October 1997, federal legislation was passed that permits a person to operate a foreign-built cruise ship in the U.S. coastwise trade provided that the person had entered a binding contract for the delivery of two U.S.-built cruise ships. The first ship must be delivered no later than January 1, 2005, and the second ship must be delivered no later than January 1, 2008. Moreover, in Hawaii, only the existing cruise ship operator may operate a foreign-built ship among the islands unless a new U.S.-built cruise ship is placed into regular service outside of Hawaii. This legislation makes it possible to temporarily employ a foreign-built vessel among the Hawaiian Islands despite the Passenger Services Act while new U.S.-built cruise ships are constructed.
Over time, a number of exceptions have been made to the Jones Act, for example Canadian vessels may transport passengers between Rochester and Alexandria Bay, New York and between southern Alaska and U.S. ports until an American carrier enters the markets. Similarly, foreign vessels may transport passengers between Puerto Rico and the U.S. mainland as long as a U.S. carrier does not provide such service.
Foreign-flagged cruise ships may carry passengers from a U.S. port as long as they return them to the same port (a "cruise to nowhere"). Foreign vessels may also call at intermediate U.S. ports as long as no passenger permanently leaves the vessel at those ports and the vessel makes at least one call at a foreign port.
While the PSA prevents foreign cruise ships from carrying passengers directly from Alaska and the West Coast to Hawaii and from competing for Hawaiian inter-island cruise traffic, a considerable number of foreign cruise ships do visit Hawaii in any given year. American passengers on foreign cruise ships to Hawaii must board in another country—typically, Vancouver, Canada or Ensenada, Mexico. These ships cannot pick up a passenger in one U.S. port and drop off the passenger in another U.S. port. However, after arriving from Canada or Mexico, they may tour the islands and drop off passengers in Hawaii. They may then pick up new passengers, tour the islands, and return to Canada or Mexico.
In October 1997, federal legislation was passed that permits a person to operate a foreign-built cruise ship in the U.S. coastwise trade provided that the person had entered a binding contract for the delivery of two U.S.-built cruise ships. The first ship must be delivered no later than January 1, 2005, and the second ship must be delivered no later than January 1, 2008. Moreover, in Hawaii, only the existing cruise ship operator may operate a foreign-built ship among the islands unless a new U.S.-built cruise ship is placed into regular service outside of Hawaii. This legislation makes it possible to temporarily employ a foreign-built vessel among the Hawaiian Islands despite the Passenger Services Act while new U.S.-built cruise ships are constructed.
Right, I got my wires crossed. Although it can be hard getting a COI for a domestically built vessel if it wasn't built and inspected during construction with passenger service in mind.
As written a cruise to nowhere sounds like a dive charter, but to hopefully clarify the vessels of concern are foreign built and US flagged.
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