Fishing Lease Contract

Fishing Lease Contract

This Fishing Lease Contract ("Lease") is made and entered into this day of , , by and between Lessor Name: whose address for notices is (hereinafter "Lessor"), and Lessee Name: , whose address for notices is (hereinafter "Lessee").

RECITALS

WHEREAS, Lessor is the legal owner of certain tidelands, shorelines, water column rights, and incidental upland access described herein (the "Premises"); and

WHEREAS, Lessee desires to lease from Lessor the exclusive/non-exclusive (as specified) right to conduct commercial or subsistence fishing activities on the Premises and to install and maintain fishing gear and associated improvements consistent with the terms of this Lease; and

WHEREAS, Lessor is willing to grant such rights to Lessee on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:

1. Lease Grant

Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, subject to the terms and conditions of this Lease, the right to use the Premises for fishing, deployment of nets, traps, lines, aquaculture structures, mooring and incidental shore access described as follows:

The rights granted include ingress and egress to the water and shore for the purposes of launching, mooring, retrieving gear, landing catch, and performing maintenance of equipment necessary for fishing operations. Except as expressly provided herein, no other rights or interests are conveyed to Lessee.

2. Term

The term of this Lease shall commence on and shall expire on , unless earlier terminated in accordance with this Lease.

The Lease may be renewed for additional periods only by a written instrument signed by both parties specifying renewal term and any adjusted rent or conditions.

3. Rent, Fees and Payments

Monthly Seasonal Annual

All payments are due at the address for notices or at such other place designated in writing. Late payments shall bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. Lessee shall be responsible for all banking and transfer fees incurred in payment.

4. Use, Limits and Prohibited Activities

Lessee shall conduct activities in a manner consistent with sustainable fishing practices and in compliance with all applicable laws and regulations. The following activities are strictly prohibited on the Premises: dynamite, poisons, desecration of shorebird nesting areas, and unpermitted dredging. Lessee shall not expand the footprint of structures or place permanent fill without prior written consent of Lessor.

5. Access, Mooring and Facilities

Lessor grants Lessee reasonable access to the Premises for the purposes of operating under this Lease. Lessee's use of moorings, ramps, or shared facilities shall be subject to any posted rules and reasonable scheduling by Lessor. Lessee shall not obstruct public passageways and shall keep all access routes clear.

6. Maintenance, Removal and Restoration

Lessee shall maintain all nets, gear, floats, and structures in a safe and seaworthy condition and shall, at Lessee's expense, promptly remove derelict gear or materials. Upon termination, Lessee shall remove all personal property and restore the Premises to a condition comparable to that at commencement, reasonable wear and tear excepted. If Lessee fails to remove its property within thirty (30) days of termination, Lessor may remove and dispose of such property at Lessee's expense.

7. Improvements and Ownership of Equipment

All fixtures and improvements affixed to the Premises shall be the property of Lessor unless otherwise agreed in writing. Lessee may install removable equipment and gear not constituting permanent fixtures, which shall remain Lessee's personal property provided Lessee promptly repairs any damage caused by installation or removal.

8. Environmental Compliance and Conservation

Lessee shall comply with all environmental laws and shall not discharge pollutants, waste, or debris into the water in violation of applicable statutes or regulations. Lessee shall implement best practices to prevent gear loss and to minimize bycatch. Lessee shall immediately notify Lessor of any spill, resource damage, or threatened regulatory violation.

9. Insurance and Indemnity

Lessee shall, at its sole cost and expense, procure and maintain commercial general liability insurance naming Lessor as an additional insured for claims arising out of Lessee's use of the Premises. Lessee agrees to indemnify, defend and hold harmless Lessor, its officers, agents and employees from and against all claims, liabilities, losses, costs and expenses (including reasonable attorney's fees) arising from Lessee's activities or breach of this Lease, except to the extent caused by Lessor's gross negligence or willful misconduct.

10. Default and Remedies

The occurrence of any of the following events shall constitute a default by Lessee: failure to pay rent within days after written notice, abandonment of the Premises, failure to comply with material covenants after thirty (30) days written notice and failure to cure if curable, or insolvency of Lessee. Upon default, Lessor shall have the right to terminate this Lease, recover damages, seek injunctive relief, and pursue any other remedies available at law or in equity.

11. Assignment and Subletting

Lessee shall not assign this Lease or sublet the Premises, in whole or in part, without the prior written consent of Lessor, which consent shall not be unreasonably withheld where assignee demonstrates financial and operational capability to perform. Any assignment without consent shall be void and constitute a default.

12. Notices

All notices required or permitted under this Lease shall be in writing and delivered by personal delivery, certified mail (return receipt requested), or nationally recognized overnight courier to the addresses set forth below or to such other address as a party designates by written notice to the other party.

13. Governing Law

This Lease shall be governed by and construed in accordance with the laws of the state or jurisdiction where the Premises are located, without regard to its conflict of laws principles.

14. Entire Agreement

This Lease, together with any exhibits or written amendments signed by both parties, constitutes the entire agreement between Lessor and Lessee with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written.

15. Severability

If any provision of this Lease is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the intentions of the parties as nearly as possible.

16. Amendments and Waiver

No amendment, modification or waiver of any provision of this Lease shall be effective unless in writing and signed by both parties. No waiver by either party of any breach shall be deemed a waiver of any subsequent breach.

17. Counterparts

This Lease may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures delivered by electronic means shall be deemed original signatures for all purposes.

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