Status of Cruise Ship Regulations

STATUS OF RULES & REGULATIONS:

As explained during the June 18, 2024, Council Meeting, the Cruise Ship Disembarkation Ordinance constitutes the "rules and regulations" required by Land Use Ordinance Section 125-77(H)(3). These rules and regulations are necessary for the regulation of the disembarkation of no more than 1,000 cruise ship passengers per day in the Town of Bar Harbor, or enforcement action if any violation was to occur.

Per Section C-15 of the Town Charter, these rules and regulations do not become effective until July 18, 2024, 30 days post Council adoption.

The enforcement of either Section 125-77(H), or the associated rules and regulations, do not allow the Town to take direct action to prevent passengers from physically disembarking or issue fines. Any such action requires an order from a court issued pursuant to 30-A M.R.S. § 4452.

REGULATING THE 2024 CRUISE SHIP SEASON:

The Council's passage of the Cruise Ship Disembarkation Ordinance on June 18, 2024, does not supersede a previous press statement released on March 6, 2024. All cruise ship anchorage reservations confirmed on or before November 8, 2022, will allow for disembarkation for the 2024 season. However, pursuant to Section 125-77(H) and its rules and regulations, any property owner seeking to disembark passengers after July 18, 2024, is now required to obtain the necessary permits.

Any such property owner will be provided reasonable time to complete the necessary applications, make any necessary arrangements to comply, and receive their permits. This reasonable accommodation will be made on a case-specific determination through an interactive process.

However, after being provided a reasonable amount of time to voluntarily comply with these new regulatory requirements, if a property owner or operator fails to comply or fails to work with the Town in good faith to comply with these requirements and chooses to facilitate the disembarkation of cruise ship passengers without authorization or required permits, then the Town may consider any such actions and/or decisions a violation and seek enforcement action through the courts.

REGULATING THE 2025 CRUISE SHIP SEASON:

Requests for anchorage reservations will be accepted on a first-come-first-served basis, in accordance with the reservation policies and practices of the Harbor Master.

Any new reservations for 2025 are subject to a disclaimer that all disembarkations are subject to all local codes, rules, and regulations.

Any property owner or their operator seeking to disembark cruise ship passengers is expected to have all the necessary facility upgrades made, applications submitted in a timely manner, and permits received before the disembarkation of any cruise ship passengers, regardless of when requests for anchorage were made or approved for the 2025 Cruise Ship Season, excluding any passengers disembarking from cruise ships with anchorage reservations made and confirmed before March 17, 2022.

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