Powers

MEMORANDUM *

Larry Powers (“Powers”) and Lynn Lin-coin Sarko, the Administrator of the Exxon Qualified Settlement Fund (“EQSF”), bring cross-appeals of the district court’s valuation of Powers’ claim under the EQSF Tender Plan. We have jurisdiction under 28 U.S.C. § 1291 and we affirm,

Powers first argues that the district court erred by failing to value his claims for the 1991, 1992 and 1993 fishing seasons, which were related to his lost profits from a lost business contract with *204 Seafoods for Alaska (“SFA”). The 1991 to 1993 seasons were not “recognized fishing seasons” under the Plan, which allows tender operators to claim “economic losses” only from “seasons in oiled fisheries in which harvest was lost as the result of the oil spill.” Although we agree with Powers that his SFA claim is not a claim for damages from lost harvest, his claim is nonetheless a claim for “economic losses.” The plain language of the Plan precludes his recovery for economic losses in non- . , ~ ,. recognized fishing seasons.

Powers also argues that the district court erred in valuing a dock that was to be built and leased to SFA under the SFA contract, before reverting to Powers’ ownership. The…