I own a foreign-built motor yacht that I would like to use in a charter fishing business, and I have a few questions about some of the legal issues I will face. I understand that federal law currently requires a charter boat to be built in the United States, but I read a news report that Congress is considering a repeal of that law. Is this correct? If the restriction is still in effect, would it apply to a “six-pack” charter? Also, I have heard that commercial fishing boats are subject to the same regulations but that Canadian boats routinely participate in commercial fishing in California. Do commercial fishing boats qualify for an exception to the law?
The foreign-build restrictions referred to by our reader are set forth in certain provisions of the Merchant Marine Act of 1920, commonly known as the “Jones Act.” The Jones Act was enacted in 1920 to protect the rights of killed and injured maritime workers and their families, and to protect U.S. maritime industries from foreign competition.
The Jones Act requires any vessel that participates in “coastwise trade” to be constructed in the United States and manned by an American crew. Coastwise trade is...