RECOVERING FOR MARINE LIFE DAMAGE: LEGAL ASPECTS OF ALLOCATING SOCIAL COSTS AND PROTECTING PUBLIC INTERESTS

In determining damages, the basic questions relate to ownership of the wildlife and the assessment of damage. Theories supporting the right to wildlife damage recovery include ownership in fee, trusteeship, parens patriae, public interest-private Attorney General, and citizen-guardian ad litem. The extent of damages can be determined from statistical estimations based on adequate sampling or inventories. A dollar value must be placed on wildlife species having no current market value, and the damage of the destroyed wildlife in the context of the relevant ecosystem must be determined. Methods of evaluation include replacement value, psychic value, and consumptive and non-consumptive use values. Settling damage claims can be accomplished in a number of ways, including the traditional method of direct cash payment. Alternative approaches could include trust funds, specific replacement and restoration programs, maintenance of sanctuaries and reserves, and financing of wildlife refuges and habitats. Compensating for wildlife damage is moving from the strictly unquantifiable approach of civil penalties to an approach which allows for a quantification of damages.

Media Info

  • Features: References;
  • Pagination: p. 11-14

Subject/Index Terms

Filing Info

  • Accession Number: 00177246
  • Record Type: Publication
  • Source Agency: Pollution Abstracts
  • Report/Paper Numbers: Publication 4284
  • Files: TRIS
  • Created Date: Jun 28 1978 12:00AM