The question of how does the Jones Act affect cruise ships boils down to a rule about where foreign-flagged ships can take passengers.
They really cannot simply cruise between two American ports without stopping somewhere else first.
Consider cruises to Alaska from Long Beach or the Port of Los Angeles, then to Hawaii. Following U.S. maritime law, these cruise lines have to stop somewhere else, such as Vancouver or Ensenada.
Anyone planning a cruise will find knowledge of these guidelines helpful. It clarifies the schedule and the rationale for those international stops.
It’s important to remember that should things go wrong on board—that is, should you sustain injuries or experience conflict—a professional marine attorney could be required to help negotiate the legal terrain.
The Jones Act influences where those cruises can travel, even though it does not directly prescribe everything about your voyage.
What Is the Jones Act?
Supporting American Shipping: The Jones Act
Consider the Jones Act a set of guidelines for ships running under American jurisdiction. Following World War I, it became legislation in 1920 to assist American ships in recovery.
The principal concept is maintaining American ownership of marine trade inside the United States.
So, if you’re shipping goods or carrying passengers between ports in the United States, the Jones Act says those vessels must meet four key requirements:
Built in the United States:
The ship itself has to be constructed in an American shipyard.
Owned by U.S. citizens:
American citizens or companies owned by American citizens must own the vessel.
Crewed by U.S. citizens or permanent residents:
The people working on the ship must be American citizens or hold permanent resident status in the U.S.
U.S.-flagged and Coast Guard–documented:
The ship must be registered in the U.S. and have the proper paperwork from the U.S. Coast Guard.
Initially concentrated on transporting goods, the Jones Act evolved via court rulings and other laws, such as the Passenger Vessel Services Act of 1886, to reflect similar limitations on who may carry passengers between American ports.
Though officially derived from a different but related law, people frequently discuss these passenger limits as part of the Jones Act.
Why the Jones Act Matters to Cruise Passengers
For travelers boarding in Long Beach:
No Intra-U.S. Voyages on Foreign Ships:
A cruise from Los Angeles to San Francisco and back cannot sail nonstop on a foreign vessel, even if both ports are domestic.
Mandatory Foreign Port Stop:
To maintain compliance, lines insert foreign calls—Ensenada for Baja cruises or Vancouver for Alaska runs.
Alaska & Hawaii Cruising Complexities:
Popular “cruise from Alaska to Hawaii” itineraries include Canadian ports (e.g., Victoria), and “Alaska and Hawaii cruise” back-to-back sailings must pivot via international waters or ports.
Increased Itinerary Length & Costs:
The extra distance adds fuel, time, and port fees, often reflected in ticket prices.
Passengers should verify whether planned U.S. stops are lawful under cabotage rules to avoid itinerary disruptions.
The History Behind Cabotage and Cruise Scheduling
When the Jones Act was passed in 1920, it aimed to nurture a robust U.S. maritime fleet for national defense and commerce.
Over the decades, foreign cruise operators—unable to meet U.S. build-and-flag requirements—registered ships elsewhere (e.g., Bahamas, Panama). This led to the modern dual-regime:
The Jones Act (Section 27) governs cargo and vessel cabotage.
The Passenger Vessel Services Act (PVSA) governs passengers but is often discussed under the broader “Jones Act” label.
Understanding this split is crucial, as PVSA specifically addresses passenger movement, whereas the Jones Act focuses on goods and crew protections.
Learn more about how we can help you by visiting our website and reading our client testimonials.
Itinerary Planning & Booking Tips for Jones Act Compliance
- Check Port Listings:
Ensure foreign calls are included—CruiseCritic and line itineraries flag non-U.S. stops.
- Avoid Back-to-Back Missteps:
Book two cruises with distinct embark/disembark foreign ports instead of a single two-leg voyage.
- Consult Travel Advisors:
Agents versed in PVSA rules can craft compliant routes.
- Verify Ship Registry:
Confirm the vessel’s flag to anticipate regulatory limitations.
Proper planning avoids last-minute cancellations or offloads when ships fail to meet cabotage standards.
Practical Implications for Alaska & Hawaii Cruises
Many West Coast cruisers dream of an “Alaska to Hawaii cruise.” Yet:
- Foreign Embark/Disembark Requirements:
Such itineraries call on Vancouver or Ensenada to reset cabotage clocks.
- Back-to-Back Cruise Constraints:
Guests cannot book consecutive one-way U.S. port sailings as separate trips; it’s treated as one voyage, requiring an intervening foreign port to comply.
- Dual Itinerary Costs:
Extra fuel and port costs raise cruise prices, even for round-trip departures from San Diego or Long Beach.
Travelers should plan early and discuss options with cruise counselors to ensure compliance and cost-effectiveness.
Crew Protections Under the Jones Act
Beyond the rules about where ships can sail, the Jones Act is a crucial safeguard for U.S. seamen injured while working.
It grants them the right to sue their employers for injuries sustained “in the course of employment,” making it a powerful tool in maritime injury cases.
While Jones Act cruise ships lawsuits filed by passengers are rare, passengers typically rely on general naval law principles and state premises liability doctrines to address injuries.
Crew members injured while working aboard foreign-flagged ships within U.S. waters may pursue claims under the Jones Act. This protection recognizes the unique risks faced by those who work at sea.
If you are a crew member who has suffered an injury while working on a cruise ship, it’s essential to understand your rights under the Jones Act.
A specialized cruise ship injury attorney at the Law Offices of Charles D. Naylor can evaluate the specific circumstances of your injury and advise you on the potential legal avenues available.
We are experienced maritime attorneys serving Long Beach, California, and are dedicated to protecting the rights of injured seamen.
How Does the Jones Act Affect Cruise Ships Economically?
Cruise lines absorb or pass on costs related to U.S. cabotage laws:
Higher Operational Costs:
U.S.-built and U.S.-flag vessels cost up to 50% more, incentivizing foreign registry.
Limited Domestic Fleet:
Few U.S. cruise ship construction yards exist—most vessels are foreign-built.
Tariff and Fee Structures:
Foreign port calls incur different tariffs, altering budgeting and pricing.
These economic pressures shape the global cruising industry’s operations and influence market competition.
Jones Act Waivers & Special Exceptions
In emergencies, such as hurricane relief to Puerto Rico, the President or Secretary of Homeland Security can temporarily waive Jones Act restrictions, permitting foreign vessels on U.S. coastal runs.
While rare for passenger ships, such waivers demonstrate flexibility in national-interest scenarios, though they do not nullify standard PVSA requirements for cruises.
How the Law Offices of Charles D. Naylor Can Help
The team at the Law Offices of Charles D. Naylor offers:
Jones Act & Cruise Expertise:
Decades of handling crew and passenger maritime cases.
Regulatory Navigation:
Direct coordination with the U.S. Coast Guard, NTSB, and CBP for cabotage compliance.
Injury & Liability Claims:
From slip-and-fall on deck to serious onboard accidents, see our cruise-ship injury attorney page.
Jones Act Claims for Crew:
Representing seamen injured at sea, per the Jones Act provisions, on our Jones Act lawyer page.
Free Case Review:
Call our cruise injury hotline or get a free case review.
Common Misconceptions About the Jones Act and Cruises
“It applies only to cargo.”
In reality, PVSA extends similar cabotage rules to passengers—often called the Jones Act by mistake.
“You can do U.S.-only cruises on foreign ships.”
False—foreign-flagged vessels must include foreign ports for both cargo and passengers.
“Back-to-back is separate trips.”
No—back-to-back without intervening foreign call is a single voyage, violating cabotage law.
“It’s no longer enforced.”
U.S. Customs and Border Protection and the Coast Guard regularly monitor compliance under PVSA and Jones Act regulations
When to Consult a Maritime Attorney
Though usually providing amazing adventures, life on the open sea often provides unanticipated legal issues. Protecting your rights and interests depends first on knowing when to see a seasoned maritime attorney.
Consult a maritime attorney promptly if you encounter itinerary changes, claims denials, or onboard injuries. Key scenarios include:
Unexpected Itinerary Changes and Denied Rebooking Due to Alleged Cabotage Violations:
As a passenger, you have rights even if your cruise itinerary changes significantly, especially if the cruise line denies rebooking or faces fines for claimed violations of U.S. cabotage laws like the Jones Act. A maritime attorney can evaluate whether these modifications are legal and fight for just pay or other solutions.
Medical situations at sea can result in expensive and logistically difficult evacuations, complicated by liability coverage disputes.
Determining liability for these costs, knowing the extent of your insurance coverage, and negotiating possible conflicts with the cruise line about medical treatment and related expenses calls for the knowledge of a maritime attorney conversant with international maritime law and cruise line obligations.
Under the Jones Act, injured U.S. seafarers have particular legal rights
See a marine attorney specialized in Jones Act claims if you are a crew member who has suffered an injury while working on a vessel, including a cruise ship running in U.S. waters, to fully understand your right to sue your company for negligence and seek compensation for medical expenses, lost wages, and pain and suffering.
Claims for Passenger Negligence When Unexpectedly Absent Foreign Ports To follow U.S.
A marine attorney can counsel you on possible negligence claims against the cruise line for breach of contract or misrepresentation if your itinerary deviates greatly and promised foreign port stops are removed, possibly reducing the cruise experience or other losses.
Legal challenges, mechanical problems
Other circumstances causing cruise lines to deviate from the approved schedule can entitle customers to ticket refunds or other types of compensation. Reviewing your ticket contract and pertinent maritime law would enable a naval attorney to assist you in seeking a just settlement to any refund issues.
Navigating the Waters of Cruise Itineraries and Maritime Law
Creating cruise itineraries that adhere to complex regulations while ensuring passenger safety requires both legal expertise and logistical precision.
Whether you’re setting sail from Long Beach on a coastal adventure or planning an unforgettable voyage from Alaska to Hawaii, understanding how does the Jones Act affect cruise ships empowers you to travel with greater confidence.
Knowing the intricacies of maritime law and your potential legal recourse can provide invaluable peace of mind.
See qualified advice for questions regarding the Jones Act, cruise ship responsibility, or marine injury issues. For a free consultation, contact the seasoned experts at the Law Offices of Charles D. Naylor via our contact us page. Allow us to be your reliable guides across every legal obstacle you could come across on the sea.
Frequently Asked Questions
What is the difference between the Jones Act and the Passenger Vessel Services Act?
The Jones Act (Merchant Marine Act of 1920) governs cargo cabotage; the PVSA (Passenger Vessel Services Act of 1886) applies similar rules to passenger transport, often mistakenly grouped under “Jones Act cruise ships.”
Can I book two back-to-back U.S. domestic cruises on the same ship?
No—without an intervening foreign port, back-to-backs count as one voyage and violate cabotage laws.
Are U.S. crew members protected if injured on a foreign-flagged cruise ship in U.S. waters?
Yes—crew can file Jones Act claims under federal maritime law for employment-related injuries.
How far in advance should I verify foreign port calls?
As soon as you book: confirm the itinerary with the cruise line and review it against PVSA requirements.
What recourse do passengers have if the cruise line cancels a foreign port call?
You may have grounds for a breach-of-contract or consumer-protection claim—consult a maritime attorney promptly.
