2506 - Commonwealth actions for damage to fish.

     § 2506.  Commonwealth actions for damage to fish.        (a)  Declaration of policy.--The Commonwealth has sufficient     interest in fish living in a free state to give it standing,     through its authorized agencies, to recover damages in a civil     action against any person who kills any fish or who injures any     streams or streambeds by pollution or littering. The proprietary     ownership, jurisdiction and control of fish, living free in     nature, are vested in this Commonwealth by virtue of the     continued expenditure of its funds and its efforts to protect,     perpetuate, propagate and maintain the fish population as a     renewable natural resource of this Commonwealth.        (b)  General rule.--The commission, as an agency of the     Commonwealth authorized to regulate, control, manage and     perpetuate fish may, in addition to criminal penalties provided     in this title, bring civil suits in trespass on behalf of the     Commonwealth for the value of any fish killed or any stream or     streambed destroyed or injured in violation of this chapter. In     determining the value of fish killed, the commission may     consider all factors that give value to such fish. These factors     may include, but need not be limited to, the commercial resale     value, the replacement costs or the recreational value of     angling for the fish killed. In addition, the commission is     entitled to recover the costs of gathering the evidence,     including expert testimony, in any civil suit brought under this     section where the defendant is found otherwise liable for     damages.