BAR HARBOR — Town officials announced late last week that a Notice of Violation (NOV) was issued to Golden Anchor L.C., owners and operators of the pier at 55 West St. The violation stems from the disembarkation of cruise ship passengers on Thursday, Oct. 1, without what the town deemed the proper permit for such activity. This incident represents the initial challenge to the town’s cruise ship ordinance following a recent court ruling that narrowed the timeframe during which the law could be enforced.
According to a press release from the town and the NOV obtained, the ship Scenic Eclipse, with a lower-berth capacity of 228 passengers, called at Bar Harbor on Oct. 1. While Harbormaster Chris Wharff, adhering to federal anchorage regulations, informed the vessel of an available anchorage, the town emphasized that anchoring does not grant authorization for passenger disembarkation at what it called an “unpermitted property.” The town clarified in its release, distributed on Friday, Oct. 9, that for any proposed call including passenger disembarkation, it only confirms a shore-side arrangement if the property holds a valid Cruise Ship Disembarkation Facility permit.
Prior to the Eclipse's arrival, town staff communicated with the vessel regarding its proposed call, advising that no privately owned property in Bar Harbor possessed a valid Cruise Ship Disembarkation Facility permit, thus rendering no lawful shore-side location available for passenger disembarkation. Despite this warning, Code Enforcement Officer Michael Gurtler reported observing passengers disembarking at the 55 West St. location at 9:45 a.m. on the morning of Oct. 1. The NOV stated, “Tenders were arriving at the dock and I witnessed passengers being unloaded from the tenders onto the dock. Tenders were marked ‘Scenic Eclipse.’” The Code Enforcement Department confirmed it had no pending Cruise Ship Disembarkation Facility Permit or Cruise Ship Disembarkation Permit applications on file for the property.
The town expressed disappointment in its Oct. 1 release, stating, “The Town is disappointed that this cruise ship and a local business chose to participate in a passenger disembarkation at an unpermitted property despite the Town’s clear local permitting requirements.”
In a statement responding to the incident, Golden Anchor did not deny the disembarkation of passengers from the Scenic Eclipse on Oct. 1. Instead, the company reaffirmed its long-held position that the ordinance requiring a Cruise Ship Disembarkation Facility permit is unconstitutional. Golden Anchor added that its argument was bolstered by a federal court decision in May, which ruled that disembarkation limits, such as those forming the basis of the NOV, are unconstitutional and unenforceable outside of July and August. In their statement, obtained on Tuesday, Oct. 13, Golden Anchor expressed regret over the town's issuance of the NOV and its supportive press statement, which they believe omits key facts. They stated, “Contrary to the Town’s misguided belief, there currently isn’t a permit that Golden Anchor could apply for that is constitutional.”
The town has not yet announced a decision regarding whether it will appeal the latest ruling by Judge Walker, which limited the ordinance's enforcement to the peak tourism season. Golden Anchor is currently engaged in legal proceedings challenging an earlier NOV issued in July 2024 for the same alleged infringement—disembarking cruise ship passengers without the proper permit. The town has indicated in court filings that these violations could result in fines totaling at least $4,075,800. The pier operator's initial appeal of the 2024 NOV was denied by the town’s Board of Appeals, a decision the company has since challenged in court.
However, it appears a new legal battle will not materialize from this latest incident. Golden Anchor signaled in its statement that it would not pursue any legal challenge to the 2026 NOV, stating, “Golden Anchor believes that setting off another round of litigation lacks common sense and continues the unnecessary cost to the taxpayer.” The company further proposed, “Golden Anchor proposes to move forward and stands ready to work with the Town to develop disembarkation standards consistent with the federal court decision.”
