| B.__Persons providing direct services to commercial | fishermen and aquaculturists or fishermen's cooperatives, as | long as provision of these direct services requires the use | of working waterfront real estate; and |
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| C.__Municipal and private piers and wharves operated to | provide waterfront access to commercial fishermen, | aquaculturists or fishermen's cooperatives. |
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| | 2.__Qualified holder.__"Qualified holder" or "holder" means a | governmental entity authorized to hold an interest in real | property or a nonprofit organization organized under state law | whose purposes include the permanent protection of working | waterfront or the enlargement of working waterfront opportunities | for commercial fisheries businesses. |
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| | 3. Third-party right of enforcement. "Third-party right of | enforcement" means a right provided in a working waterfront | covenant to enforce any of its terms granted by the grantor and | holder of the covenant to a governmental body or nonprofit | corporation that meets the qualifications of a holder. |
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| | 4.__Working waterfront covenant.__"Working waterfront | covenant" means an agreement in recordable form between the owner | of working waterfront real estate and one or more qualified | holders that permits a qualified holder to control, either | directly or indirectly, the use, ownership and sales price of | working waterfront real estate for the primary purpose of making | and preserving the permanent availability and affordability of | that real estate for commercial fisheries businesses.__A working | waterfront covenant may include a 3rd-party right of enforcement. |
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| | 5.__Working waterfront real estate.__"Working waterfront real | estate" or "real estate" means land, legally filled lands, piers, | wharves and other improvements to lands all adjacent to the | navigable coastal waters of the State. |
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| §132. Creation; conveyance; acceptance; duration; filing |
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| | 1.__Working waterfront covenant.__Except as otherwise provided | in this chapter, a working waterfront covenant may be created, | conveyed, recorded, assigned, released, modified, terminated or | otherwise altered or affected in the same manner as other real | estate covenants created by written instrument. |
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| | 2.__Right or duty.__A right or duty in favor of or against a | qualified holder may not arise under a working waterfront | covenant unless it is accepted in writing by the qualified | holder. |
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