I want to purchase a charter company in Maui the has permits and vessels to take tourists on day trips. Can I as a Canadian citizen own the permits and do the sales and marketing and sell the vessels to a USA owned company and lease or pay them for their services without violating the Jones Act?
I agree with my colleagues. The one thing I would add is that the restriction upon which I think you are referring requires that US Registered vessels be OWNED by US Citizens and/or controlled by a US corporation that has a US Citizen as its majority owner.
Jones Act, as it relates to your question, involves injuries to those working on the vessel for the benefit of the vessel.
As it relates to charters, without more information, I am not sure I or any other lawyer can answer the question. There are many maritime attorney's AT LEAST in Honolulu, if not Lahaina. Be sure to use the find a lawyer here on Avvo to assist you further.
Adam Jaffe Law Office of Adam Jay Jaffe 124 Lomas Santa Fe Dr, #204 Solana Beach, CA 92075 (619) 810-7964 [email protected] This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.
There may be some confusion among maritime attorneys in exactly what your question is referring to. The Jones-Sharforth act, also known as the Jones Act is not the one that is often referred to which provides for maintenance and cure and other damages when a semen becomes ill or injured. The referenced act provides that cargo moving between US ports must be carried in a vessel that was built in the United States and is at least owned by 75% owned by US citizens or corporations. Many countries have the equivalent of this act and their respective maritime law.
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The legislation that you need to worry about is the Passenger Vessel Services Act. Check out this helpful info on the Coast Guard's website:
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