I attempted to book a 1-night cruise from Seattle to Vancouver followed by a Vancouver to San Diego 4 nighter on HAL's Westerdam. The HAL agent said I couldn't do that because it violates the Jones Act.
I'm an attorney and I read the Jones Act and I disagree with HAL. The Act says I can't go between 2 US ports (embark and disembark) without a foreign port stop. Vancouver is clearly a foreign port as defined by the Act.
Two years ago I did a HAL cruise R/T Inside Passage from Seattle with a 4 hour stop in Victoria. Can't figure out why this trip I wanted is different.
Anyone else have similar experience?
Jones Act
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I'm an attorney also and familar enough with the Jones Act to think that the trips you want shouldn't be an issue. The Jones Act prohibits a foreign flagged carrier from transporting cargo or passengers between two ports within the US. I believe that short stops where no passengers are allowed to permanently disembark or come on board are exempted, which is why you see foreign flagged cruise lines hopping up the coast of New England.
Would it make a difference between doing a back to back, i.e. never disembark at the end of the cruise and re-board, with the same cabin assignment etc, compare to you actually disembark, and re-board, and check into a different cabin. I think if you disembark, clear Canadian immigration, and then re-board, it would be okay?
You should look into the Passenger Vessel Act (PSA) of 1886 (46 U.S.C. 289) instead; as it governs foriegn vessels transporting passenegers between two US ports. Believe it or not, it also applies to air passengers. Some exceptions were granted example: between Puerto Rico and the U.S. mainland, and Canadian carriers in areas where no US carriers are available. (example: Southern Alaska)
The PSVA requires you to go via a foreign port if you return to the US point of origin, but via a FAR foreign port if you return to somewhere else in the US. Vancouver is not a far foreign port.