6.__Maintenance and insurance of working waterfront real estate.__The obligation to maintain, operate and insure working waterfront real estate;

7.__Construction and materials.__The right to restrict or specify types of buildings, structures and materials that may be used in improvements on working waterfront real estate; and

8.__Acts that may enhance affordability of working waterfront real estate.__The right to prohibit, limit or require other acts that may enhance or allow the affordability and availability of working waterfront real estate to commercial marine fisheries operators in the future.

§135. Validity

A working waterfront covenant is valid and enforceable notwithstanding any of the following conditions.

1.__Not appurtenant to interest in real property.__The working waterfront covenant is not appurtenant and does not run with an interest in real property.

2.__Assignable to another holder.__The working waterfront covenant can be or has been assigned to another qualified holder.

3.__Not recognized at common law.__The working waterfront covenant is not of a character traditionally recognized at common law.

4.__Imposes negative burden.__The working waterfront covenant imposes a negative burden.

5.__Imposes affirmative obligations.__The working waterfront covenant imposes affirmative obligations upon the owner of an interest in the burdened property or upon the qualified holder.

6.__Benefit does not touch or concern real property.__The benefit of the working waterfront covenant is held by a qualified holder who has not retained property that would benefit from enforcement of the working waterfront covenant, or the benefit does not touch or concern real property in any other way.

7.__No privity of estate or contract.__There is no privity of estate or privity of contract.