Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.3, 39.91

QUESTION: HOW IS A SERVICE ANIMAL CARED FOR WHILE ON BOARD A VESSEL?

ANSWER:

* The care of the service animal is the responsibility of its user. The PVO is not responsible for the care or supervision of a service animal.

* The PVO must permit the user to bring a reasonable quantity of food on board for the animal and, in the case of a vessel with overnight accommodations, provide reasonable refrigerator space for the animal’s food that requires refrigeration.

* Where a service animal is not permitted to disembark with its user (e.g., because of quarantine restrictions at a foreign port), the regulation provides that the PVO must work with the animal’s user to ensure that the animal is properly cared for during the user’s absence.

* While the PVO is not responsible for the care or supervision of the animal, the PVO should communicate with the passenger so that the passenger understands his/her responsibility to meet the essential needs of the animal (e.g., food, water, elimination) during the passenger’s absence. The PVO should also take additional steps to facilitate the accommodation of the service animal in the user’s absence (e.g., placing a sign on a cabin door to tell cleaning personnel not to enter).