2024 marked a major shift in Maine’s cruise sector, largely driven by the implementation of Bar Harbor’s 1,000 persons / day cruise ship ordinance, which was:
Passed by voters in November 2022
Paused for any enforcement for the 2023 season pending a constitutional challenge brought by businesses and harbor pilots (trial in July 2023)
Confirmed as (largely) constitutional in a district court ruling issued on February 29, 2024, the exception being the inclusion of seafarers, or crew, in the definition of “persons” was struck down
That ruling was jointly appealed to the First Circuit Court of Appeals by the plaintiffs and plaintiff-intervenors, ensuring the legal battles over the ordinance were far from over. Understanding the expense and divisiveness of long, drawn-out legal battles, the Bar Harbor town council initiated a ”dual track of public process“ to simultaneously pursue two different strategies regarding the cruise ship ordinance:
TRACK 1
Finalize the rules for implementing the ordinance as passed (but excluding restrictions on crew).
These rules included developing a new process for permitting, for issuing violations and for determining the requirements for counting disembarking passengers.
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Once completed, they were finalized as Chapter 52 of the town’s code
TRACK 2
Explore a negotiated alternative to the ordinance that – it was hoped – would provide an off-ramp to litigation by establishing a compromise on the daily passenger cap and creating management tools that were easier to implement.
This deal was eventually reached to include ship-free days every month, an annual passenger cap, and a maximum daily passenger cap of 3,200 passengers / day.
With both tracks successfully spelled out it was time for the voters to decide between them at the ballot box in November:
A no vote would uphold the 2022 ordinance and its 1,000 passengers / day daily cap.
A yes vote would repeal the 2022 ordinance and replace it with the negotiated deal.
FINAL VOTE
No 1776 vs. Yes 1713
Against this backdrop, Bar Harbor hosted over 183,000 passengers, most of whom arrived on vessels that were booked prior to the 2022 vote and therefore not subject to the new ordinance. But looking ahead to 2025, there are fewer of these grandfathered ships, so the projected season has only 50 ships and 67,008 passengers. Full implementation of the ordinance will ultimately result in a reduction of more than 90% of the nearly 300,000 passengers scheduled to visit Bar Harbor in its peak season in 2019.
The ripple effects of Bar Harbor’s cruise ship ordinance are extensive:
Shifting Cruise Itineraries: The restrictions in Bar Harbor caused cruise lines to adjust their itineraries, leading to Portland becoming Maine’s busiest cruise port in 2024. Rockland and Eastport also experienced increased interest and bookings.
Legal and Political Challenges: The ordinance faces ongoing legal challenges in both state and federal court.
Enforcement Actions: Bar Harbor's Town Council initiated enforcement actions related to the ordinance, including directing the Harbor Master to manage reservations and seeking action against dock owners for permit non-compliance. Those enforcement actions have engendered counteractions in local and state bodies.