b'FOGHORN FOCUS Passenger Vessels & Foreign Workers STEVEN BERS, ESQ // PVA GENERAL COUNSELO ver the years, the PVA Legal Hotline callers have observedThe analytical trail starts with title 46 United States Code section 8103(a), that neighboring land-based operations staff their seasonalwhich provides, with only certain exceptions, [O]nly a citizen of the operations by using foreign students or exchange programs.United States may serve as master, chief engineer, radio officer or officer in The question is then posed, Can we, as vessel owners, do the samecharge of the deck watch or engineering watch on a documented vessel. thing?Theanswerliesinlong-establishedFederallaw,equallyIndeed, this requirement might be arguably logical for a number of rea-applicable to all on-board workers, whether engaged directly in thesons. To the extent that the Jones Act is said to have arisen after World War operation of the vessel as a means of transportation, or otherwise per- I for the purpose of assuring vessel and crew loyalty and availability in the forming services on the vessel, such as waitstaff and similar non-nav- event of war, it made logical sense to require American citizenship of the igation employee functions.licensed crew necessary for vessel operation as a means of transportation. PHOTO: TKFOGHORN 12'