| 3.__Interests acquired; permanence.__The department may |
| acquire real estate interests described under subsection 1 |
| directly from willing property owners or may make acquisition |
| grants to local governments and to organizations qualified to |
| hold conservation easements under Title 33, chapter 7, subchapter |
| 8-A.__Grants made pursuant to this section are for the purpose of |
| acquiring real property in both fee and less-than-fee simple |
| interest, including, but not limited to, conservation easements, |
| access easements and other permanent interests in land.__The |
| department shall include, as a condition of any acquisition and |
| grant made under this section, the requirement that the protected |
| property may not be used, altered or developed in a manner that |
| precludes its use by commercial fisheries.__As an additional |
| condition, the department must retain a permanent right of first |
| refusal on any property acquired in fee or protected by |
| conservation easement.__Exercise of the right of first refusal |
| must be at a price determined by an independent professional |
| appraiser based on the value of the property to a commercial |
| fishery at the time of exercise of the right.__The department may |
| assign this right to a commercial fishery or to a local |
| government if, in the department's judgment, such an assignment |
| is consistent with the purposes of this chapter. |