Canada has confirmed that it is extending the closure of its waters to visiting cruise ships with more than 100 passengers until at least 2022. The ban was first implemented in March 2020 and was originally set to expire on 28th February 2021. Its extension means that the cruise ports Vancouver, Victoria, Montreal, Halifax, Quebec and Newfoundland will all be affected for a second season.

But an odd combination of factors means that the extended ban will also hit American ports hard - especially those in Alaska. Now you would think that the obvious solution would be to skip Canada and just head straight to Alaska from Seattle but it really isn’t that simple…

The first reason for this is an American law originally passed in the nineteenth century to protect American interests! The Passenger Vessel Services Act of 1886 prohibited Cabotage - the transport of goods or passengers between two places in one country by a transport operator from a different country - in other words, non American ships cannot transport passengers directly from one US port to another. The Act was meant to protect American shipping companies by allowing only vessels flying a US flag to transport passengers from one US port to another. Non American ships must make a stop at a ‘foreign port’ to avoid this act - so, unless it is US registered, a cruise ship that departs from Seattle for a trip to Alaska must call at a Canadian port at some point on its itinerary. Except for now, it can’t!

Canada is tucked between two American States…

And thats the second problem - because big cruise lines tend to register their ships with countries outside the United States in order to keep their costs down. So lines that we think of as American actually find it more convenient to register their ships elsewhere - for example Seattle Company ‘Holland America’ registers their ships in the Netherlands and Carnival mainly registers its ships in Panama. Ships in the Royal Caribbean family are registered in Malta and even Disney register theirs in the Bahamas. There are just a few US flagged vessels, including those operated by small ship cruise operators Alaskan Dream Cruises, UnCruise Adventures, Lindblad Expeditions & American Cruise Lines, and they will will be able to operate in Alaska.

But the third problem is that its not only about where the ship is flagged - because the PVSA was bolstered by a second law in 1920 - The Merchant Marine Act, often called The Jones Act. This was written primarily to cover the shipping of cargo between American Ports and it states that, as well as being American flagged, a ship must also…

belong to by a company at least 75% American owned
have been built in the United States
have a crew with a minimum of 75% US citizens (or of permanent residents with work permits)

So its not just a case of American companies being able to to re-register their ships in the USA in order to get around the act as some have suggested - because the cruise ships will have been built abroad - mainly in Germany, Italy, Finland, France and Japan.

The fourth reason, specific to Alaska, is geographic - the only other country that is anywhere near is Canada so with that out of bounds the route becomes unfeasible. Cruises out of Miami or Los Angeles can continue as they have a choice of other countries that will fulfill their obligations under the act - for Alaska it just isn’t an option, the next nearest country is Russia!

So the 'no-sail' order in Canadian waters “is likely to have large, negative implications for Alaska visitation in the coming summer" according to a statement by Julie Saupe of Visit Anchorage - who went on to say that cruises make up about half of overnight leisure visits to Anchorage - Alaska's largest city. Last year Anchorage and destinations inland, such as Denali and Fairbanks, saw their tourist business crash with the loss of passengers on inland sectors added to their cruises but the cancellations were devastating for coastal Alaska tourist towns such as Juneau, Sitka, Skagway and Ketchikan, where nearly all visitors come from ships - the loss of a second season will have serious financial implications for many local people.

So can anything be done?

Well, other than Canada allowing ‘non-landing’ visits to Victoria or Vancouver, which they really don’t seem keen to do, only a waiver of the laws would allow for continued Alaska cruises by the big lines.

This is something that the Alaska State senators are pushing for and since most cruise lines have not yet by announced the cancellation of 2021 Alaska Cruises it is possible that an exemption may be in the works. Many American Politicians think this that the act is essential to prevent the country being held to ransom by overseas shipping companies undermining them but in fact would not be the first time there has been an exemption to the PVSA for a cruise line. In 2004 Norwegian Cruise Lines were issued an exemption from the U.S. built requirements so that Pride of America could run cruises that begin and end in Hawaii without not visiting any foreign locations. NCL were allowed to do this because the ship has a predominantly US crew and was partially built in the United States (construction began in Mississippi, but was completed in Germany).

Whale Watching trips for tourists is a huge industry

Royal Caribbean said they are currently working with the government and CLIA on potential arrangements to allow Alaska Cruising to take place but this is where the fifth problem arises - the American CDC does not consider that it is safe for any Cruises to be taking place at the moment. So although conversations are taking place specifically around Alaska it seems unlikely that a frame work for any cruising will be found in time for any special exemptions to be agreed. Sad though it is I really think your only chance of getting to Alaska this summer is by plane or on a small American owned and run ship. It absolutely breaks my heart to think of all the people in Alaska facing another season with minimal tourism - hopefully their Government will find a way to help them out one way or another.

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Happy portExploring!

Cathy

xx

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