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Verifying Compliance with Ballast Water Discharge Regulations
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3. Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, 16 U.S.C.
4701.
4. National Invasive Species Act of 1996, Public Law 104–332.
5. U.S. Coast Guard Regulation, Ballast Water Management, 33 CFR Part 151.
6. See U.S. Department of Homeland Security, Coast Guard, Proposed Rule and Notice, 28
August 2009, Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters, 33
CFR Part 151, 46 CFR Part 162,
Federal Register
74: 44632–44672.
7. International Convention for the Control and Management of Ships’ Ballast Water and
Sediments, Doc. IMO/BWM/CONF36, 16 February 2004.
8. Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters, Proposed
Rule and Notice, supra note 6.
9. N. Dobroski, C. Scianni, L. Takata, and M. Falkner, “Update: Ballast Water Treatment
Technologies for Use in California Waters,” California State Lands Commission, Marine Invasive
Species Program, October 2009.
10. For a review of proposed national and international regulatory and legal frameworks, see J.
Firestone and J. J. Corbett, “Coastal and Port Environments: International Legal and Policy Responses
to Reduce Ballast Water Introductions of Potentially Invasive Species,”
Ocean Development and
International Law
36 (2005): 291–316; and C. L. Hewitt, R. A. Everett, and N. Parker, “Examples of
Current International, Regional, and National Regulatory Frameworks for Preventing and Managing
Marine Bioinvasions,” in G. Rilov and J. A. Crooks
Biological Invasions in Marine Ecosystems
(Berlin: Springer, 2009), 335–352.
11. The development of risk-based models to effectively target ballast water enforcement is
described in S. C. Barry, K. R. Hayes, C. L. Hewitt, H. L. Behrens, E. Dragsund, and S. M. Bakke,
“Ballast Water Risk Assessment: Principles, Processes, and Methods,”
ICES Journal of Marine
Science
65 (2008): 121–131. A review of models that have been proposed or used is contained in
Firestone and Corbett, supra note 10. This article also describes what the authors called a Ballast
Water Discharge Compliance and Policy Support Model (BWDCPSM), which builds on previous
models and focuses on five objectives: (1) minimize the number of viable organisms, (2) reduce the
time to achieve reductions, (3) minimize the costs, (4) protect particularly sensitive ecosystems, and
(5) maximize technology adoptions by vessels according to their risks.
12. Decision support systems that improve cost-effectiveness of enforcement by targeting en-
forcement effort on vessel arrivals that pose the highest risk, including the GEF/UNDP/IMO-funded
Global Ballast Water Management Program, available at www.globallast.imo.org; a decision support
system (DSS) developed and used by the Australian Quarantine and Inspections Service, available
at www.aph.gov.au/house/committee/jpaa/aqis/em394.pdf; and the EMBLA program under develop-
ment in Norway, available at research.dnv.com/marmil/ballast/info1.3.htm.
13. IMO Ballast Water Convention, supra note 7.
14. Standards for Living Organisms in Ships’ Ballast Water Discharged in U.S. Waters, Proposed
Rule and Notice, supra note 6.
15. According to the U.S. Coast Guard proposed rule making,
ibid.
, at 44635:
the practicability review could entail more than determining whether there exists one
system that is capable of meeting phase-two standard
. . .
and could also include
. . .
parameters such as the capability of the vendor(s) to make the system(s) available,
and the ship building and repair industry to install, systems in a timely and practicable
manner given the large number of vessels
. . .
and the cost impacts of the system(s) on
the regulated industry.
16. A few drivers significantly exceeding the speed limit pose much greater highway accident
risks than many drivers slightly exceeding the speed limit. Similarly, a few people violating envi-
ronmental regulations can pose environmental risks that cannot be offset by widespread compliance.
For example, a recent survey indicated that, although fishermen believe the percentage of their peers
who violate fishing regulations is small, they also believe that their illegal harvests are adversely
affecting fish stocks and will cause fish stocks to continue to decline. D. M. King and J .G. Sutinen,
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