Passenger Services Act
Encyclopedia
The Passenger Vessel Services Act of 1886 (sometimes abbreviated to PVSA, Passenger Services Act, or PSA) is a piece of United States
legislation which came into force in 1886 relating to cabotage
. Essentially, it says:
Any vessel subject to the Merchant Marine Act of 1920 counts as a US vessel. Under the Passenger Vessel Services Act of 1886 (46 USC
§289), foreign-flagged vessels cannot transport passengers directly between U.S. ports. The handful of U.S.-flagged cruise ships in operation are registered in the U.S. to permit cruises between the Hawaiian Islands
, or from the continental U.S. to Hawaii
. The Passenger Services Act, however, does not prohibit foreign-flagged ships departing from and returning to the same U.S. port or foreign-flagged ships departing from a U.S. port, visiting a foreign port, and then continuing to a second U.S. port. However, in order to embark in a US port and disembark in a second US port, the vessel must visit a distant foreign port outside of North America
(Bermuda
counts as part of North America). It does not prevent a ship from taking on passengers at a US port and then returning them to another U.S. city by ground or air, or vice versa, as long as the cruise ship returns to its departing point without stopping (a "cruise to nowhere"), or stops in at least one foreign port.
Some exceptions have been made to the requirement of the Passenger Services Act. For example, Canadian
vessels may transport passengers between Rochester, New York
and Alexandria Bay, New York
(46 USC §289a) and between ports in southern Alaska
(46 USC §289b), until such time as a U.S. carrier enters the market, and between US ports and Puerto Rico
with restrictions (46 USC §289c). The law has had an interesting consequence with regard to the cruise ship industry within the state of Hawaii. Foreign-flagged cruise ships may carry passengers between ports in the Hawaiian Islands as long as no passenger permanently leaves the vessel at ports other than the origination port and the vessel makes at least one call at a foreign port. Norwegian Cruise Line
created a subsidiary, NCL America, and introduced three new US-flagged vessels: Pride of Aloha
in 2004, Pride of America
in 2005, and Pride of Hawaii
in 2006. Previously, with its foreign-flagged vessels, NCL needed to include a four day detour to Tabuaeran
(Fanning Atoll) in the Line Islands
(Republic of Kiribati
) on its Hawaiian itineraries.
Reportedly due to financial losses, in 2007 NCL renamed Pride of Hawaii to Norwegian Jade, and re-flagged and relocated the ship to Europe. In 2008, NCL also relocated Pride of Aloha to Florida
, re-flagging it and renaming it to Norwegian Sky at the same time. Thus the Pride of America is the sole NCL ship currently in Hawaii service.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
legislation which came into force in 1886 relating to cabotage
Cabotage
Cabotage is the transport of goods or passengers between two points in the same country by a vessel or an aircraft registered in another country. Originally starting with shipping, cabotage now also covers aviation, railways and road transport...
. Essentially, it says:
- No foreign vessels shall transport passengers between ports or places in the United States, either directly or by way of a foreign port, under a penalty of $200 (now $300) for each passenger so transported and landed.
Any vessel subject to the Merchant Marine Act of 1920 counts as a US vessel. Under the Passenger Vessel Services Act of 1886 (46 USC
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
§289), foreign-flagged vessels cannot transport passengers directly between U.S. ports. The handful of U.S.-flagged cruise ships in operation are registered in the U.S. to permit cruises between the Hawaiian Islands
Hawaiian Islands
The Hawaiian Islands are an archipelago of eight major islands, several atolls, numerous smaller islets, and undersea seamounts in the North Pacific Ocean, extending some 1,500 miles from the island of Hawaii in the south to northernmost Kure Atoll...
, or from the continental U.S. to Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
. The Passenger Services Act, however, does not prohibit foreign-flagged ships departing from and returning to the same U.S. port or foreign-flagged ships departing from a U.S. port, visiting a foreign port, and then continuing to a second U.S. port. However, in order to embark in a US port and disembark in a second US port, the vessel must visit a distant foreign port outside of North America
North America
North America is a continent wholly within the Northern Hemisphere and almost wholly within the Western Hemisphere. It is also considered a northern subcontinent of the Americas...
(Bermuda
Bermuda
Bermuda is a British overseas territory in the North Atlantic Ocean. Located off the east coast of the United States, its nearest landmass is Cape Hatteras, North Carolina, about to the west-northwest. It is about south of Halifax, Nova Scotia, Canada, and northeast of Miami, Florida...
counts as part of North America). It does not prevent a ship from taking on passengers at a US port and then returning them to another U.S. city by ground or air, or vice versa, as long as the cruise ship returns to its departing point without stopping (a "cruise to nowhere"), or stops in at least one foreign port.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
vessels may transport passengers between Rochester, New York
Rochester, New York
Rochester is a city in Monroe County, New York, south of Lake Ontario in the United States. Known as The World's Image Centre, it was also once known as The Flour City, and more recently as The Flower City...
and Alexandria Bay, New York
Alexandria Bay, New York
Alexandria Bay is a village in Jefferson County, New York, United States. The population was 1,080 at the 2010 census.The Village of Alexandria Bay is in the Town of Alexandria.Keewaydin State Park is southeast of the village...
(46 USC §289a) and between ports in southern Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
(46 USC §289b), until such time as a U.S. carrier enters the market, and between US ports and Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
with restrictions (46 USC §289c). The law has had an interesting consequence with regard to the cruise ship industry within the state of Hawaii. Foreign-flagged cruise ships may carry passengers between ports in the Hawaiian Islands as long as no passenger permanently leaves the vessel at ports other than the origination port and the vessel makes at least one call at a foreign port. Norwegian Cruise Line
Norwegian Cruise Line
Norwegian Cruise Line is a company operating cruise ships, headquartered in unincorporated Miami-Dade County, Florida. It began operations in 1966 under the name Norwegian Caribbean Line. The company is best known for its Freestyle Cruising concept, which means that there are no set times or...
created a subsidiary, NCL America, and introduced three new US-flagged vessels: Pride of Aloha
Pride of Aloha
Norwegian Sky is a Sky class cruise ship owned and operated by Norwegian Cruise Line. She was originally ordered by Costa Cruises as Costa Olympia from the Bremer Vulkan shipyard in Germany, but she was completed in 1999 by the Lloyd Werft shipyard in Bremerhaven, Germany for the Norwegian Cruise...
in 2004, Pride of America
Pride of America
MS Pride of America is a cruise ship partly built in the United States, now a member of the Norwegian Cruise Line fleet. Inaugurated during the 2005-2006 cruise season, she is the first new U.S...
in 2005, and Pride of Hawaii
Pride of Hawaii
Norwegian Jade is a cruise ship for Norwegian Cruise Line, originally built as the Pride of Hawaii for their NCL America division. She was christened in a ceremony at the San Pedro Pier in Los Angeles, California on May 22, 2006...
in 2006. Previously, with its foreign-flagged vessels, NCL needed to include a four day detour to Tabuaeran
Tabuaeran
Tabuaeran, also known as Fanning Island or Fanning Atoll is one of the Line Islands of the central Pacific Ocean, and part of Kiribati. It is an atoll located at...
(Fanning Atoll) in the Line Islands
Line Islands
The Line Islands, Teraina Islands or Equatorial Islands, is a chain of eleven atolls and low coral islands in the central Pacific Ocean, south of the Hawaiian Islands, that stretches for 2,350 km in a northwest-southeast direction, making it one of the longest islands chains of the world...
(Republic of Kiribati
Kiribati
Kiribati , officially the Republic of Kiribati, is an island nation located in the central tropical Pacific Ocean. The permanent population exceeds just over 100,000 , and is composed of 32 atolls and one raised coral island, dispersed over 3.5 million square kilometres, straddling the...
) on its Hawaiian itineraries.
Reportedly due to financial losses, in 2007 NCL renamed Pride of Hawaii to Norwegian Jade, and re-flagged and relocated the ship to Europe. In 2008, NCL also relocated Pride of Aloha to Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, re-flagging it and renaming it to Norwegian Sky at the same time. Thus the Pride of America is the sole NCL ship currently in Hawaii service.