Proposed Jones act rule may hinder cruise industry in Alaska: it would require mandatory 48-hour stopover in foreign port, perhaps longer.

• Author: Erickson, Nancy
• Position: TRANSPORTATION

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If adopted, the ruling would redefine a foreign port call by requiring: 1) a stop of at least 48 hours at the foreign port; 2) the amount of time at the foreign port must be more than 50 percent of the total amount of time at the U.S. ports of call; and 3) passengers must be permitted to go ashore at the foreign port.

A Potential paradigm shift in Alaska's cruise ship industry that may see ships catering to a more global market could be put on fast track. A proposed rule change in U.S. maritime policy that stipulates the length of time cruise ships plying U.S. markets must remain in a foreign port could impact the number of ships that come to the state.

The Department of Homeland Security, Bureau of Customs and Border Protection (CPB), opened public comment on the issue in November via a publication in the Federal Register under the heading, "Hawaiian Coastwise Cruises."

Before the 30-day comment period closed Dec. 21, more than 1,000 responses were documented, the majority opposing the ruling, including the Hawaii State Legislature, Hawaii Island Chamber of Commerce, and the County of Hawaii, citing economic impacts if trans-oceanic cruise ships are deterred from sailing to Hawaii.

"Since the proposed rule was intended to address developments in the Hawaii cruise market, where foreign-flagged operators compete with U.S.-flagged carriers, it would be appropriate for the rule to apply only to Hawaiian cruises," wrote Alaska's Sen. Ted Stevens in his comments for the docket.

BUT THAT IS NOT THE CASE.

Wording in Section VI of the proposed rule states "any cruise itinerary," changing the focus to all foreign-flagged cruise ships departing any U.S. port.

That has the potential of debilitating the cruise ship industry in Southeast Alaska as well as the West and East coasts.

THE ISSUE

Under current policy, foreign-flagged vessels embarking and disembarking passengers from more than one U.S. harbor per itinerary must stop at a port outside the country in order to comply with the Passenger Vessel Services Act (PVSA). However, the act does not stipulate the length of the port call.

Effected vessels are satisfying the PVSA requirement by making a quick stop at foreign ports such as Mexico or Canada, often in the middle of the night while passengers are asleep.

The CBP's new interpretation would change that.

If adopted, the ruling would redefine a foreign port call by requiring: 1) a stop of at least 48 hours at the foreign port...