With no explanation, chose the best option from "A", "B", "C" or "D". the decedent’s death on the high seas. Id. § 761(a). DOHSA on its face limits recovery only to pecuniary losses, id. § 762(a), and the Supreme Court has unequivocally held that the courts are not free to supplement DOHSA with non-pecuniary supplements. Mobil Oil Corp. v. Higginbotham, 436 U.S. 618, 625, 98 S.Ct. 2010, 56 L.Ed.2d 581 (1978); see also Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207, 232, 106 S.Ct. 2485, 91 L.Ed.2d 174 (1986). In contrast to DOHSA, the Jones Act, (and FELA which it incorporates) do not explicitly limit damages to any particular form. Miles, 498 U.S. at 32, 111 S.Ct. 317. However, the jurisprudence addressing the issue establishes that a seaman’s recovery under the Jones Act does not include non-pecuniary losses. Miles, 498 U.S. at 32, 111 S.Ct. 317 (<HOLDING>). Thus, non-pecuniary recovery is foreclosed

A: recognizing that congress must have intended to incorporate felas pecuniary limitation when it enacted the jones act
B: holding that private individuals can assert the federal governments interests in a qui tam suit because they have their own pecuniary interest as partial assignees of the governments pecuniary claim
C: holding jones act insufficiently clear to abrogate immunity
D: holding that jones act claims can be brought either in admiralty or at law
A.