Last week, the Centers for Disease Control and Prevention (“CDC”) extended its “Do Not Sail Order” until October 1 after discovering that cruise lines “continued to allow their crews to attend social gatherings , train in gyms and share buffet -style 
meals, “according to the New York Times. The CDC concluded that Norwegian Cruise Line (NCL) and Royal Caribbean violated” basic protocols designed to stop the spread of the highly communicable virus, “as explained in what the Times called an order for 20 “scathing” pages you can read here.
Cruise fans accuse CDC of choosing on cruise lines
On our Cruise Law News Facebook home page, several hundred cruise fanatics wanting to return to cruises expressed anger at the agency for extending the “Do Not Sail” order. Many crew members, understandably upset that they need to go back to work, also expressed frustration with the development. Most people felt that cruise lines were being unfairly targeted when airlines packed passengers in crowded planes and people congregated in bars and restaurants without masks in some states.
More contact tracking than all airline outbreaks since the pandemic began
The recent CDC order states that the agency spent at least 38,000 hours handling the coronavirus crisis. Public health authorities tracked contacts for 11,000 passengers, more than the number of contacts identified by COVID-19 outbreaks on airplane flights.
Incomplete and Inappropriate Cruise Lines COVID-19 Response Plans
The CDC found that the plans proposed by cruise lines to comply with the agency’s April 15 Non-Navigation Order (NSO) extension are incomplete and inadequate. As of July 10, only one cruise line (Bahamas Paradise), which operates only one cruise ship in US waters, had submitted a response plan that met CDC requirements in its extended NSO.
Substantial and continuing failure to comply with CDC
The CDC provided numerous examples of the cruise ship industry’s continued and substantial non-compliance with the extended NSO.
The CDC discovered that numerous cruises were:
- Do not exercise social distancing or demand the use of masks.
- Do not place the crew in individual cabins with a private bathroom.
- Do not close crew bars, gyms and public spaces.
- Illegally doing crew transfers from ships with sick crew.
CDC sent a letter to all cruise lines requesting that they respond to the agency’s concerns. Only Royal Caribbean and Virgin Voyages bothered to respond.
The CDC then sent a letter with specific dates of noncompliance on various ships operated under the Norwegian Cruise Line Holding umbrella, namely the Norwegian Escape, 
Norwegian Epic, Norwegian Joy, Oceania Marine and Seven Seas Voyager.
NCL ships clearly ignored CDC guidelines with large crew groups on open decks where the crew mingled closely without masks. Other crew members were forced to remain in cabins with other crew members and without private toilets. Our firm published videos and photos taken by crew members at the Norwegian Escape and Norwegian epic in articles we published in early May entitled “Ridiculous Overcrowding” Norwegian Escape Sail to Miami and CDC extends cruise suspension, finding cruise lines that are repeatedly ignored or violated.
Initially, NCL ignored CDC’s concerns and ultimately responded only after CDC sent two additional letters demanding compliance.
Inadequate tests: crew members test positive after one month on ships
Many cruise lines have failed to perform periodic random testing of symptomatic and asymptomatic crew members as recommended by the CDC. The agency mentioned that in Royal Caribbean Vision of the Seas, Freedom of the Seas, Enchantment of the Seas, and Adventure of the seas, the company did not carry out such tests. As a result, these four ships reported no confirmed cases of COVID-19 for twenty-eight days or more. However, when the crew members’ countries of origin tested them when they were finally repatriated, 55 crew members tested positive for COVID0-19. This problem exists across the cruise industry fleet of cruises; Fewer than 40% of ships operating or planning to operate in U.S. waters had been tested for COVID-19.
Exacerbation of the spread of an already highly infectious disease
CDC Director Robert Redfield blamed cruise lines for “widespread transmission of the virus”, claiming that from “March 1 to July 10, the coronavirus affected 80 percent of ships in the CDC jurisdiction. ” The CDC confirmed that there were approximately 3,000 cases of infections and 34 deaths on ships in US waters during this time period.
Director Redfield noted the numerous confirmed / probable cases of COVID-19 cases on cruise ships after April 15:
- Disney wonder, who previously had a coronavirus outbreak that claimed the lives of several passengers, had more than 270 COVID-19 and COVID-like illnesses among his crew members in April, May, and June; CDC criticized the Disney ship for inadequate space and mix of the cabin for “sick” and “healthy” crew members.
- Celebrity Eclipse – 100 confirmed / probable cases of COVID-19 or similar to COVID.
- Coral princess – 136 COVID-19 cases confirmed / probable with 5 deaths.
- Zandaam 33 confirmed / probable cases of COVID-19 with 7 deaths.
- Ruby princess and Luminous coast – hundreds of COVID-19 (officials do not count).
CDC: Cruises Have a Higher Risk of Infection than Cities
The CDC concluded that current scientific evidence suggests that a cruise ship poses a higher risk of COVID-19 than other settings. “Cruise ship conditions,” according to the agency, “amplify a disease that is already highly communicable.” The highest transmission rate is due to the high population density on a cruise ship, which is generally more densely populated than cities. Other factors that likely contribute to transmission are the crew that lives and works indoors in a partially closed environment where social distancing can be challenging, according to the CDC.
Director Redfield focused on an analysis of Diamond princess outbreak that was published in the Journal of Travel Medicine. This study showed that the basic reproduction rate, often called the transmission rate (Rt), in the ship was almost 15 (for every infection there was a transmission of COVID-19 to almost 15 others), which was four times higher than the rate in Wuhan, China (the epicenter of the outbreak) which had a rate of 3.7.
The cruise industry continues to struggle with COVID-19
COVID-19 continues to devastate the cruise industry with no income and borrowing many billions of dollars to try to stay afloat. Incorporated in foreign (non-US) countries, cruise lines register their fleet of ships in free countries to avoid all US taxes, US labor and wage laws, and US occupational safety and health standards. The industry will have to respond to CDC consistently, something it has never before been required to do in its history at this scale. It will have to reluctantly comply with the oversight of an American agency that applies scientific principles to protect the health of the American public.
Yes, airlines should not be allowed to fly full so that 
There are passengers in each seat. Social distancing must be enforced in airlines, hotels, restaurants and bars. But CDC’s treatment of cruise lines is not unreasonable just because people on the ground are acting irresponsibly, particularly those selfish members of the public who refuse to wear masks.
One thing is certain. Cruise lines continued to mock CDC authority, as NCL most vividly demonstrated in the Norwegian Escape and Norwegian epicIt will only cause additional delays in the return of the industry to the cruise.
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