Sec. 1. 33 MRSA c. 6-A is enacted to read:

CHAPTER 6-A

WORKING WATERFRONT COVENANTS

§131.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Commercial fisheries businesses.__"Commercial fisheries businesses" means any enterprise directly or indirectly concerned with the commercial harvest of wild or aquacultured marine organisms, whose primary source of income is derived from these activities.__"Commercial fisheries businesses" includes without limitation:

A.__Licensed commercial fishermen, aquaculturists and fishermen's cooperatives;

B.__Individuals and businesses providing direct services to commercial fishermen and aquaculturists or fishermen's cooperatives; and

C.__Municipal and private piers and wharves operated to provide waterfront access to commercial fishermen, aquaculturists or fishermen's cooperatives.

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. A qualified holder may also include a 3rd party meeting the same qualifications met by a nonprofit organization that holds a right of enforcement of the working waterfront covenant, either in addition to or in lieu of the other qualified holders.

3.__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 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.