A new, unique challenge is underway to the controversial cap on cruise ship traffic to Bar Harbor, Maine. One local business that has a history of profitable cooperation with cruise lines is now in what is certainly a legally confusing position, at least until the case is heard.
According to Bangor Daily News, the challenge comes from the Golden Anchor LC on behalf of the Harborside Hotel on West Street, which has permitted cruise ship tenders to use the docks on its property for 24 years.
Golden Anchor is the subsidiary of Bar Harbor Resorts, which owns and operates the 211-guest-room Harborside Hotel, Spa, & Marina.
The hotel was cited in August 2024 for failing to obtain a disembarkation permit, a new rule adopted as part of the limits the town has imposed on cruise ship visits and the total number of passengers allowed ashore.
The company is alleging that the permit requires the hotel to help enforce the cruise ship limit, which is against the town charter.
Bar Harbor’s town charter can only be changed by a town meeting vote, which has not been done. Should the hotel follow through with the permit and enforce the 1,000-passenger daily cap without the authority of the town charter, it could be civilly liable for legal charges from cruise lines, tour operators, or even passengers.
Golden Anchor is also arguing that the overall requirement of the permit and, by extension, the passenger limit is “discriminatory, arbitrary, and capricious” because it only applies to cruise ship passengers.
No such limits are in place for any travelers or tourists visiting Bar Harbor by bus, car, or any other mode of transportation.
The permit violation was first challenged locally through Bar Harbor’s appeals board, which upheld the violation. Now, the issue is heading toward the Hancock County Superior Court.
Another business group has also challenged the overall ruling that the town can limit cruise ship visitors do drastically, effectively banning the majority of large cruise ships altogether.
That ruling was upheld in February 2024 by a federal judge, but has now been advanced to the First Circuit appeals court in Boston for further consideration.
Cruising to Bar Harbor
The cruise season in Bar Harbor, Maine, runs from May through September. River cruise ships, which typically carry far fewer than the 1,000-guest limit, are the most frequent visitors.
Larger cruise ships have traditionally stopped in Bar Harbor during select summer itineraries. Most frequent, however, are fall foliage sailings when cruising along the picturesque Maine coast and visiting Arcadia National Park are top attractions.
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Bar Harbor, Maine (Photo Credit: WhiteHotRanch)
Such seasonal cruises may begin as early as late August, which in 2025 is scheduled to include visits from Norwegian Getaway. The 145,655-gross-ton, Breakaway class ship can welcome 3,963 passengers and is also home to 1,600 international crew members – in total, more than five times the daily visit limit of Bar Harbor.
Norwegian Gem and Oceania Allura also have calls scheduled to Bar Harbor later in the season, and both ships surpass the daily passenger limit. It is possible that all three ships may yet change their itineraries if the limit continues to be upheld.
Smaller ships, such as Viking Mars, Oceania Insignia, and Seven Seas Splendor, are also scheduled for the port. All of them, however, host fewer than 1,000 passengers and should not have difficulty – provided they are the only ship visiting on any given day.
In previous years, larger ships such as vessels from Holland America Line, Princess Cruises, and others would include the port of call on select itineraries.
Due to the restrictions, which were first put into place in 2022, fewer large cruise lines are willing to gamble with itinerary changes and violations. Instead, many lines have shifted their routes to other, more accommodating regional destinations, such as ports in Nova Scotia or Prince Edward Island.
Appeared first on: Cruisehive.com