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Verifying Compliance with Ballast Water Discharge Regulations
165
Analysis,” IWR Report 95-R-1 (1995); and H. M. Levin, and P. J. McEwan,
Cost-Effectiveness
Analysis: Methods and Applications
(Thousand Oaks, CA: Sage, 2000).
Cost-effectiveness curves are usually used to distinguish alternatives that are possible
and cost-effective from those that are impossible or have higher costs than alternatives
that achieve the same results. See M. Lothgren and N. Zethraeus, “On the Interpretation
of Cost-Effectiveness Acceptability Curves,”
Working Paper Series in Economics and
Finance 323
(Stockholm: Stockholm School of Economics, 1999). Using basic informa-
tion about the resources required to implement each alternative (cost) and the likelihood
that it will detect an illegal ballast water discharge (performance), it is possible to make
some preliminary cost-effectiveness comparisons using a planning level version of a
standard cost-effectiveness curve.
26. This description of potentially responsible parties is taken from Standards for Living Or-
ganisms in Ships’ Ballast Water Discharged in U.S. Waters, Proposed Rule and Notice, supra note 6,
for example,
§
151.1512.
27. Alliance for Coastal Technologies (ACT) is a U.S. National Oceanic and Atmospheric
Administration (NOAA) funded program fostering the development and adoption of effective and
reliable sensors and platforms for studying andmonitoring aquatic environments. Since 2003, ACT has
conducted a series of independent, third-party sensor performance demonstrations and verifications.
See “Technology Evaluation Reports,” available at www.act-us.info.
28. A related problem is whether a carefully maintained and properly operated BWTS is meeting
performance standards. Issues related to how a ship operator who may have acted responsibly but
failed to meet ballast water discharge standards will be treated, and how liability for BWTS not
meeting performance standards will be shared between vendors, shipowners, insurance companies,
and clubs is beyond the scope of this article.
29. See: King, Hagan, and Riggio, supra note 21; and Lloyd’s Register, “Ballast Water Treatment
Technology: Current Status” (2009).
30. Using ship or route profiling to target inspections and testing increases the value of (a)
regardless of which validation method is used, but does not affect the relative size of (a) for various
validation methods. This is determined by differences in the likelihood of a suspected violation being
detected.
31. A recent survey of enforcement and compliance in U.S. fisheries, for example, indicated
that permit sanctions (e.g., loss of fishing privileges) deterred violations far more effectively than
financial penalties. King and Sutinen, supra note 15.
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