UPDATED: Bar Harbor Cancels Most Cruise Ships in 2025
The 2024 season will occur without disembarkation limits for ships that reserved prior to 2022 vote
This article has been updated because a Substack glitch left off a very important sentence, which we’ve now re-added and tweaked to be cleaner. We’ve also tweaked the headline and headline image (though it makes it longer) because it’s more clear and that’s much important to us than most everything else.
BAR HARBOR—In less than 10 minutes and in a special meeting publicized just a day before, the Town Council read a statement summarizing Bar Harbor’s next steps now that it’s won a federal lawsuit upholding the voters’ decision to limit cruise ship disembarkations to 1,000 a day or less without fines.
The Council is honoring reservations made after the town vote in November 2022 for the upcoming 2024 season. The passengers on those ships will “not be subject to the disembarkation limits of the ordinance,” the statement reads.
There are 34 cruise ships scheduled for 2024 that have less than 1,000 passengers. There are 68 ships with over 1,000 passengers according to figures from January 2024.
The rationale for that choice is also in the statement, which Town Council Chair Valerie Peacock read to councilors, some staff, and just over a dozen people attending.
“Most of the ships in question are scheduled to arrive in less than 90 days. Cancelling the bulk of the 2024 season now would be fundamentally unfair, would potentially expose the Town to additional legal liabilities, and would have a drastic fiscal impact on an already strained and nearly complete municipal budget,” the statement reads.
Reservations made after November 8, 2022 will be subject to the 1,000 passenger disembarkation limit. So, the 2024 season will have a mix of pre-existing reservations and limits based on the citizens initiative effective November 9, 2022.
Early on it says, “This council will now see to its immediate implementation and enforcement in a way that is lawful, fair, and fiscally responsible.”
APPLL Board President Kristi Bond, a business and restaurant owner in town, thanked the council for preserving the 2024 season. The Association to Protect and Preserve Local Livelihoods (APPLL) said Saturday that it will appeal Judge Lance Walker’s ruling after learning he ruled in favor of the Town of Bar Harbor. The Penobscot Bay Pilot’s Association, one of the plaintiffs in the law suit released a statement early March 5, saying it was disappointed in the findings and is contemplating an appeal.
The current legal fees for the town are just under $300,000 but more will occur because the town’s attorney will be part of the rule-making to implement the changes to the town’s land use ordinance.
Cara Ryan also thanked the council. They were the only two members of the public who spoke.
STEPS TO THE STATEMENT
According to a release posted by the town at 6 a.m., March 5, “These are complex issues that need to be promptly and thoroughly addressed. As such, the Council has requested the town manager to draft a statement outlining the town’s next steps.”
On Monday, March 4, the town attorney met with councilors in executive session to discuss the town’s legal rights and duties after Judge Lance Walker ruled in favor of the rules, passed by voters in November 2022, 1,780 to 1,273.
THE STATEMENT
“The Bar Harbor Town Council issued the following statement at a special meeting Wednesday, March 6, 2024.
“The Town Council is pleased the United States District Court affirmed what we have known to be true: The Town of Bar Harbor has the authority, under Home Rule, to enact ordinances to limit the volume of cruise ship visitations in order to ensure the Town's quality of life is preserved.
“While it is no secret that many of us on this Council have had concerns with some aspects of the cruise ship ordinance proposed by a citizen initiative, the fact remains that this initiative was voted on and approved at Town Meeting and is now the law of the land. This Council will now see to its immediate implementation and enforcement, in a way that is lawful, fair, and fiscally responsible.
“Pending rulemaking, enforcement will begin immediately. This Council has already directed the Harbor Master to cancel, or reject, requests for reservations made after the day of the vote for all ships with lower berth capacities greater than 1,000 passengers. The disembarkation of passengers of cruise ships with reservations for the 2024 season that are made and accepted after this date are subject to the current Ordinance. However, the Council will honor reservations made before the town voted. Passengers from these 2024 ships will not be subject to the disembarkation limits of the Ordinance.
“Together with the reductions already achieved by implementing the Memorandum of Agreement between the cruise lines and the Town our community will experience a 50% reduction from peak year cruise ship visitation. This will be a good opportunity for us all to experience the impact of such a reduction on our quality of life and Town operations.
“It is the position of this Council that this is the fairest and most legally responsible approach, based upon careful consideration of costs and risks associated with enforcement.
“We disagree with the demands from some to delay all enforcement until any appeal of the court decision is resolved which would result in no additional reductions. We also disagree with the demands from others to cancel all reservations made prior to the adoption of the Ordinance, which would result in at least an 80% reduction.
“Most of the ships in question are scheduled to arrive in less than 90 days. Cancelling the bulk of the 2024 season now would be fundamentally unfair, would potentially expose the Town to additional legal liabilities, and would have a drastic fiscal impact on an already strained and nearly complete municipal budget.
“In reviewing the 2025 season, the Council will ensure that the disembarkation of any cruise lines with reservations made and accepted after March 17, 2022, will be subject to the Ordinance. The Town is prepared to go to court to obtain fines and injunctive relief against any landowner that exceeds the disembarkation limits, and any party that disobeys the orders of the Harbor Master.
“The Council hereby directs the Town Manager to prepare draft rules for Council consideration necessary to ensure the Ordinance may be implemented efficiently, and in compliance with the Court's decision. This includes updating the Cruise Ship Standard Operating Procedures to govern shoreside operations and any changes made to confirmed and honored reservations.
“The Town Manager shall present these draft rules to the Council as soon as possible, and these draft rules will be subject to a public hearing and a final enactment by the Town Council.
“Additionally, the Town Manager shall recommend any additional ordinance amendments or polices necessary to efficiently and effectively manage cruise ship reservations and disembarkations. Any substantive amendments to the Land Use Ordinance will require a Town Meeting vote.
“The Council remains committed to listening to all individuals, parties, and stakeholders to ensure that the regulation of cruise ship tourism works for the entire community.
“In conclusion, we would like to give special thanks to the Town Attorney Stephen Wagner as well as to Jonathan Hunter and the Attorneys at Rudman Winchell for their tireless advocacy for the Town of Bar Harbor in this matter.”
LINKS TO LEARN MORE
https://www.barharbormaine.gov/AgendaCenter/ViewFile/Agenda/3382?html=true
Correction: A caption below one of the photos listed Carol Chappell as a petitioner. She was not. Many apologies to Carol for the error.