(1) "Damages" means damages of any kind for which liability may
exist under the laws of this state resulting from, arising out of,
or related to the discharge or threatened discharge of oil.
"Damages" means all damages which a victim could recover
against an offender in a civil action, including a wrongful death
action, based on the same act or acts for which the offender is
sentenced, except punitive damages and damages for pain and
suffering, [...]