Celebrity Edge entering Fort Lauderdale for the first time.
The State of Florida has prevailed in its injunction against the U.S. Centers for Disease Control and Prevention to lift the Conditional Sail Order (CSO) that has been restricting the cruise industry since October 2020.
A court essentially ruled in favour of Florida that the CSO exceeds the CDC’s “statutory and regulatory authority.”
Florida’s motion for a preliminary injunction is now granted and the CDC is now preliminarily enjoined from enforcing the CSO against a cruise ship arriving in, within, or departing from a port in Florida. The injunction stays until July 18, at which time the CSO will only stay as a non-binding consideration, recommendation or guideline.
The court also noted the CDC may propose a “narrower injunction” no later than July 2. Both parties are also being ordered back to the mediation table.
The case was brought forward by Governor Ron DeSantis earlier this year with Florida Attorney General Ashley Moody.
“Today’s ruling is a victory for Floridians whose livelihoods depend on the cruise industry,” said Moody in a statement. “The federal government does not have the authority to single out and lockdown an entire industry indefinitely.”
The industry impact on crewing following Royal Caribbean Group’s temporary suspension of hiring Indian crew due to the COVID-19 situation in the country depends on whether other cruise lines follow suit and when India is deemed “safe.”
India is an important source country for crew recruitment, and many Indians hold key positions in food and beverage and housekeeping, according to the Norwegian Seafarers Union (NSU).
The NSU said that the latest estimates (2018)) showed that approximately 15 per cent of crew and staff came from India, compared to 30 per cent from the Philippines and 11 per cent from Indonesia.
Recruiting and crewing companies surveyed by Cruise Industry News said they are continuing to recruit globally, including the Philippines, Indonesia and China, while following protocols of testing prior to travel, protective measures while travelling and testing and quarantine upon arrival onboard vessels.
Meanwhile, the companies are taking a “wait and see” position in India, where travel restrictions have been put in place and flights are cancelled for the time being.
If the situation in India does not improve in the near term and the crewing and travel restrictions continue, it could lead to a shortage of seafarers holding key positions as the industry ramps up for its return to service, according to the NSU.
There is also concern that the spike in India may spread to other countries in Asia, and if that were to be the case it would pose a bigger challenge for the restart of the industry.
While American ports have recently announced programs to vaccinate seafarers, including foreign seafarers aboard cruise ships, the home countries of many seafarers have so far not prioritized their vaccination.
Reports from the April 19-23, 2021 meeting of the Special Tripartite Committee of the Maritime Labor Convention 2006 made available to Cruise Industry News, show the IMO, the ILO and other international organizations calling on governments to prioritize seafarers and aircrew in their national vaccination programs together with other essential workers.
While the countries that ratified the MLC 2006 are obligated to ensure the health and safety of seafarers, COVID-19 testing and quarantine measures have also been applied disproportionately to seafarers, according to the reports.
Amond the demands of the Special Tripartite Committee are that member countries shall in cooperation with shipowners and seafarers organizations procure vaccines for inoculation of seafarers in their country of residence or other appropriate locations, including ports of call.
Governments are also called upon to establish vaccination hubs for seafarers in ports where there is sufficient capacity.
Royal Caribbean International has made the decision to immediately suspend incoming crew movement from India, according to a letter sent from the company and report by Crew Center. The letter was later obtained by Cruise Industry News.
The company said it was “based on various reasons and related to recently announced travel restrictions and complexities with crew movement to and from India,” where COVID-19 cases continue to rise.
Those crew members who are currently at hotels pending joining a ship, or are currently en route (already flying) will also be notified and accommodation will be provided to them under quarantine guidelines untll further notice, according to the cruise line.
Indian crew have confirmed that their assignments have been cancelled due to developing travel restrictions.
“It’s not the way we want to operate but it is the reality of quick changes we need to make based on different reasons that are often unplanned or beyond our direct control,” Royal told crew members that saw their assignments cancelled.
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