Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


State v. Trident Seafoods Corp.

Summarized by: 

Date Filed: 03-14-2012
Case #: A143431
Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A143431.pdf

Contract Law: Per an agreement, a fish processor must pay fair market value for fish caught over the established limits, whether or not the fish was ultimately processed.

Trident Seafoods Corp. (Trident), a fish processor, entered into an agreement with the State that would allow them to possess and process "by-catch" (fish that got caught in their nets inadvertently). The agreement states that fair market value will be paid to the State by Trident for the extra fish. Trident failed to remit payment for three months. Trident was fined for the three months for failure to make payment. The trial court convicted Trident and awarded judgment to the State. Trident appeals the judgment claiming that the owners of the vessels, and not the processors, are required to pay for "by-catch," the agreement exempts them from having to remit payment, and they should not have to pay for fish they could not process. The Court held that an agreement entered into by the State and a processor does not exempt the processor from paying fair market value for fish caught over established limits and there is no exception to payment for fish not processed. Affirmed.