Ever wonder why you can’t just hop on a massive Royal Caribbean ship in Manhattan, sail down to Miami, and hop off? It sounds like the perfect domestic getaway. No passports, no customs, just the open Atlantic. But if you try to book that trip, you’ll find it’s basically impossible. That’s because of a century-old piece of legislation that honestly dictates almost every single cruise itinerary in the United States. While most people point the finger at the Jones Act, the real culprit for your cruise route is actually its sibling, the Passenger Vessel Services Act (PVSA) of 1886.
We often use "Jones Act cruise ships" as a catch-all term, but the reality is a bit more nuanced.
The law is simple: only U.S.-built, U.S.-flagged, and U.S.-crewed vessels can transport passengers directly between two different U.S. ports. If a ship is built in Italy or Finland—which is where nearly all the big ones come from—it cannot legally pick you up in Seattle and drop you off in San Diego without stopping at a "distant foreign port" first. This is why your "Alaskan cruise" almost always takes a detour to Victoria, British Columbia. Without that Canadian stop, the cruise line would face massive fines, often totaling $941 per passenger. When you have 4,000 people on board, that math gets ugly fast.
What most people get wrong about Jones Act cruise ships
There is a huge misconception that the government just wants to make your life difficult. In reality, the 1920 Merchant Marine Act (the actual Jones Act) and the 1886 PVSA were designed to protect the American maritime industry. The idea was to ensure we had a fleet of ships and trained sailors ready for national emergencies.
It worked for cargo, mostly. For cruises? Not so much.
Building a modern cruise ship is a specialized art form. Currently, there isn’t a single shipyard in the United States capable of building a 225,000-ton Oasis-class vessel. The infrastructure just isn't there. Because of this, the "big" cruise lines like Carnival, Norwegian, and Princess register their ships in countries like the Bahamas, Panama, or Bermuda. This allows them to bypass U.S. labor laws and construction requirements, but it also shackles them to the PVSA.
They are essentially foreign visitors in American waters.
The Pride of America: The exception to the rule
If you’ve ever looked into a Hawaii cruise that stays entirely within the islands, you’ve seen the Pride of America. It is the "unicorn" of the industry. Owned by Norwegian Cruise Line, it is the only major Jones Act cruise ship currently operating that can sail between U.S. ports without visiting a foreign country.
How did it happen? It was a fluke of history.
The hull was partially built in a U.S. shipyard (Ingalls Shipbuilding in Mississippi) as part of a failed project called "Project America." When the company went bankrupt, Norwegian Cruise Line bought the hull, finished it in Germany, and lobbied Congress for a special exemption. In exchange, they had to flag it in the U.S. and hire an American crew.
If you’ve noticed that Hawaii cruises are significantly more expensive than Caribbean ones, that’s why. American labor isn't cheap. The crew gets U.S. minimum wage, overtime, and must follow U.S. labor protections. On a typical foreign-flagged ship, workers might earn a fraction of that. This cost is passed directly to you, the passenger. It's the price of convenience.
Why the law almost ruined Alaska's 2021 season
The fragility of this legal framework became terrifyingly clear during the COVID-19 pandemic. Canada closed its borders to cruise ships, which meant Seattle-based ships couldn't stop in Victoria or Vancouver. Under the law, they couldn't sail to Alaska.
The entire industry was paralyzed.
It took an actual act of Congress—the Alaska Tourism Restoration Act—to provide a temporary waiver. It allowed ships to bypass the foreign port requirement just for that season. Once the borders reopened, the waiver vanished. This highlights just how rigid these rules are. Even when it makes zero logical sense for a ship to sail to Canada just to "check a box," the law demands it.
The "Distant Foreign Port" loophole
You might notice some cruises go from Los Angeles to the Panama Canal and end in Florida. Wait—those are two U.S. ports. How does that work?
The law distinguishes between "nearby foreign ports" and "distant foreign ports."
- Nearby: Places like Mexico, Canada, and most Caribbean islands.
- Distant: Places like Aruba, Bonaire, Curacao, or anywhere in South America.
If a foreign-flagged ship starts in one U.S. port (L.A.) and ends in a different U.S. port (Miami), it must stop at a distant foreign port. If it starts and ends in the same U.S. port (a "cruise to nowhere" or a round-trip), it only needs to touch a nearby foreign port.
This is why you’ll see "repositioning cruises" taking weird, long routes. They aren't trying to waste your time; they are trying to avoid a multi-million dollar fine from U.S. Customs and Border Protection.
Small ships and the "American" advantage
If you really want to sail on a Jones Act compliant ship without the Pride of America price tag, you have to look small. Companies like American Cruise Lines and UnCruise Adventures operate vessels that were built in the U.S. and fly the Stars and Stripes.
These ships are tiny. Think 100 to 200 passengers.
Because they are fully compliant with the Jones Act and PVSA, they can do things the big ships can't. They sail the Mississippi River, the Columbia and Snake Rivers, and the Maine coast. They can hop from one tiny island in the Florida Keys to another without ever thinking about the Bahamas.
It’s a different vibe. You won’t find a rock-climbing wall or a simulated skydiving chamber on these. You find experts, local food, and the ability to dock in the heart of small towns.
The economic reality of repeal
Every few years, someone in Congress proposes repealing the PVSA to allow foreign ships to sail domestic routes. The argument is that it would boom tourism in places like Puerto Rico or the Great Lakes.
But it’s a political minefield.
Labor unions hate the idea because it would replace American jobs with cheaper foreign labor. U.S. shipbuilders hate it because it removes any incentive to ever build a ship in America again. For now, the law stands firm.
Actionable insights for your next booking
Understanding the law helps you avoid travel headaches. If you're planning a trip, keep these practical realities in mind:
- Check the itinerary for "technical stops": If you see a 45-minute stop in a random port at 10:00 PM, that’s a PVSA compliance stop. Don't expect to go sightseeing.
- Avoid "Down-lining": If you get sick or want to leave a cruise early at a U.S. port that wasn't the final destination, the cruise line will often pass the PVSA fine on to you. It can cost you nearly $1,000 extra just to go home early.
- Look at River Cruises for "True" American Sailing: If you want to support American shipbuilding and crews, the Mississippi and Ohio river cruises are your best bet.
- Expect higher prices for Hawaii: Since NCL's Pride of America is the only large ship in the game that doesn't have to waste time sailing to Ensenada, Mexico, or Fanning Island, they have a monopoly on "all-Hawaii" itineraries. You pay for that time saved.
- Watch for Repositioning Deals: In the spring and fall, ships move between Alaska and the Caribbean. Because of the "distant foreign port" rule, these trips are often long and include stops in South America. If you have the time, these are often the best "per-day" value in the entire cruise industry.
The legal landscape of the ocean is complicated. It's a mix of protectionism, maritime tradition, and modern economic reality. While it might seem like a bureaucratic nightmare, it’s the reason the "Alaskan" cruise always includes a bit of Canada, and why a trip through the American rivers feels so distinctly different from a week in the Caribbean.