Cruise passengers may have mourned when “[t]he CDC Director issued a No Sail Order for cruise ships effective March 14, 2020 due to the risk cruise ship travel introducing, transmitting, or spreading COVID-19,” but hope is on the horizon for those wishing to set sail again. This blog post summarizes current Center for Disease Control (CDC) Orders and a new law that positively impacts those wishing to sail to Alaska.
CDC Orders & Guidance
On September 30, 2020, the CDC extended previous “No Sail Orders” until “the earliest of (1) the expiration of the Secretary of Health and Human Services’ declaration that COVID-19 constitutes a public health emergency; (2) the CDC Director rescinds or modifies the order based on specific public health or other considerations; or (3) October 31, 2020.”
Then, on October 30, 2020, the CDC issued the first of several Framework for Conditional Sailing Orders, which outlined the requirements “for a phased resumption of cruise ship passenger operations.” The most recent update occurred on May 5, 2021, in which they released the next two phases “for cruise ships operating or seeking to operate in U.S. waters.” According to the CDC website, “With the issuance of these next two phases, cruise ship operators now have all the necessary requirements and recommendations they need to start simulated voyages before resuming restricted passenger voyages and apply for a COVID-19 conditional sailing certificate to begin sailing with restricted passenger voyages.” However, the website also cautioned that the “CDC may adjust these requirements and recommendations based on public health considerations and other factors.”
Most important for cruise passengers, though, the CDC issued an order effective on February 2, 2021, that requires travelers to wear “face masks while on conveyances and at transportation hubs,” including cruise ships. There is a Frequently Asked Questions (FAQs) webpage from the CDC about this order that covers topics such as when people are not required to wear a mask, people who are exempt from wearing a mask, and the “categories of conveyances” which are exempt from the requirement.
Further CDC orders and guidance relevant to cruise ships are available here. Updates to information and requirements seem likely over the summer, so cruisers should keep an eye out for changes.
Alaska Tourism Restoration Act
Cruising novices might not know that, prior to this week, US cruises to Alaska were essentially required to stop at a least one Canadian port, due to the Passenger Vessel Services Act of 1886, Pub.L. 49–421, and its implementing regulations, 19 C.F.R. §§ 4.50(b), 4.80, 4.80a. This became problematic when Canadian officials implemented a ban on cruise ships sailing in all Canadian waters, which is currently in effect until February 28, 2022.
However, on May 24, 2021, President Biden signed into law the Alaska Tourism Restoration Act, which removes this impediment until “(1) the date on which covered cruise ships are no longer prohibited by the Government of Canada, any political subdivision of Canada, or any port or province of Canada, from entering, berthing, or docking in Canadian waters of the Pacific Coast due to the COVID-19 pandemic; or (2) March 31, 2022.”
This is great news for cruisers, as cruise lines are already releasing Alaska itineraries for this summer. Happy sailing!