May 23, 2011
The focus of last week’s American Superyacht Forum was America’s contribution to the large yacht industry and our role in this competitive international business.
While no one questioned America’s capacity to design, build and outfit yachts that match or exceed the best, several speakers and participants pointed out that American shipping regulations effectively prevent the creation of a vibrant domestic superyacht charter market.
Unfortunately the first reason given for this absurd state of affairs was, as is all too common, the Jones Act. It can be argued with considerable merit that the only reason there are any American builders still in business now is because Jones Act protections prevent the destruction of their yards by those who would otherwise sell off the skills and infrastructure that bring the fleet of foreign-flag yachts to Ft. Lauderdale.
It is imperative that anyone who wishes to improve American standing in yachting and who desires to bring more business to American shores must understand what the Jones Act and its much more applicable cousin, the Passenger Vessel Service Act, really mean in addition to how and where they apply.
Both of these acts are an impediment to expanding the business opportunities of American builders and operators of large yachts. Those facts cannot be denied, but the acts also protect the builders, repairers, suppliers, and contractors without whom few reading this would recognize Fort Lauderdale.
Rather than follow the crowd who have narrow interests in their desire to eliminate the American Merchant Marine and convert the few remaining American shipyards to waterfront shopping centers, it would benefit far more Americans to work with existing maritime groups to change those parts of the acts that form such imposing barriers.
Present at the conference were the leaders of the groups with the ability to influence the changes we need. Among those were the Marine Industries Association of South Florida (MIASF); the U.S. Superyacht Association (USSA); and the American Boat and Yacht Council (ABYC).
ABYC may be the best and most direct avenue to positive change. ABYC has a history of setting technical standards in pleasure yacht construction and many of its voluntary standards have been adopted in USCG regulations. The MCA isn’t the only source of guidance and it doesn’t have to be yachting’s one-way street either.
There is no reason why America cannot use the resources available to create an American Yacht Code and present that Code to Washington as a means to create a specific exclusion for large yachts that allow American yards to build and flag the same boats to the same degree of luxury as the rest of the world and to allow both foreign and domestic owners to show what American charter destinations have to offer.
Maybe it is time to put a big bold Y in ABYC.
Richard S. BoggsTechnical SuperintendentCamper & Nicholsons International
Comments
What we are “seeing in the
What we are “seeing in the Med today” are Port State Control inspections that have been the norm in commercial shipping for years. It is only a shocking, and long overdue, development for the yacht industry.
This has nothing to do with cabotage or coastwise transportation of people or cargo. Before ranting about this issue, read the Acts.
As far as changing the Jones Act to allow foreign flag yachts to charter, read the comments, read the Jones Act and see how and where it applies – and does not apply. The Passenger Vessel Services Act is the relevant Act. It can be changed by the stroke of a pen to allow the type of large commercial yacht operations we see available in and to the rest of the world. We just need to find someone in Congress who is more interested in picking up a pen than campaign contributions.
There are many reasons why wealthy Americans choose to operate their yachts under a flag of convenience. Few of those reasons have to do with evading what many mistakenly believe are draconian restrictions on their freedom to enjoy their yacht or to offset its operating costs. Yes, there are USCG regulations that unfortunately lump what we know as large commercial yachts into the same definition as bulk carriers or containerships as far as construction is concerned. This can be changed as well if and when a viable alternative can be presented to a well-informed lawmaker.
The rest of the world has shown us that a large commercial yacht can be built to suit owner needs and decorating whims without putting masses of seafarers and passengers at risk. The USCG needs to be instructed by Congress to follow the lead of people who are in a position to know what can be done safely and thereby create a domestic industry capable of competing on the world market.
Bravo Sierra
Absolute bullshitttery. Can one imagine the US adopting the regulations and controls that we are seeing in the Med today? Not to mention changing the Jones Act to allow foreign flagged and foreign crewed yachts compete for charter dollars in US waters? Hell, the majority of the foreign flagged yachts are owned by rich Americans who do so to circumvent the protections of US jobs and seaman rights that the Jones Act provides. Cabottage laws exist thoughout the world, not just in the US. they are there to protect, not hinder a country's workforce.