Fishing Rights. Maa-nulth First Nation Fishing Rights
10.1.1 Each Maa-nulth First Nation has the right to harvest, in accordance with this Agreement, Fish and Aquatic Plants for Domestic Purposes in the Domestic Fishing Area.
10.1.2 Each Maa-nulth First Nation Fishing Right is limited by measures necessary for conservation, public health or public safety.
10.1.3 A Maa-nulth First Nation may not Dispose of its Maa-nulth First Nation Fishing Right.
10.1.4 Each Maa-nulth First Nation has the right to Trade and Barter Fish and Aquatic Plants harvested under its Maa-nulth First Nation Fishing Right among its Maa-nulth-aht and with other aboriginal people of Canada.
10.1.5 A Maa-nulth First Nation right to Trade and Barter may be exercised by a Maa-nulth-aht of the applicable Maa-nulth First Nation except as otherwise provided in a Maa-nulth First Nation Law of the applicable Maa-nulth First Nation Government.
10.1.6 Each Maa-nulth First Nation Fishing Right will be exercised:
a. in respect of Inter-tidal Bivalves, within the Domestic Fishing Area for Inter- tidal Bivalves; and
b. in respect of all species of Fish and Aquatic Plants other than Inter-tidal Bivalves, within the Domestic Fishing Area unless otherwise provided for in a Maa-nulth Harvest Document.
10.1.7 Nothing in this Agreement precludes:
a. a Maa-nulth-aht from harvesting Fish and Aquatic Plants under a licence, permit, or other document issued under Federal Law or Provincial Law;
b. a Maa-nulth First Nation from concluding agreements, that are in accordance with Federal Law and Provincial Law, with other aboriginal groups relating to harvesting Fish and Aquatic Plants; and
c. a Maa-nulth-aht from being designated by another aboriginal group to harvest Fish and Aquatic Plants under federal or provincial arrangements with that aboriginal group.
10.1.8 The Minister retains authority for managing and conserving Fish, Aquatic Plants and Fish habitat.
10.1.9 Fish and Aquatic Plants harvested under a Maa-nulth First Nation Fishing Right cannot be sold.
10.1.10 British Columbia may authorize uses of or Dispose of provincial Crown land and any authorized use or Disposition may affect the methods, times and locations of harvesting Fish and Aquatic Plants under this Agreement, provided that British Columbia ensures that those authorized uses or Dispositions do not deny a Maa-nulth First Nation the reasonable opportunity to harvest Fish and Aquatic Plants under its Maa-nulth First Nation Right to Harvest Fish.
10.1.11 For t...
Fishing Rights. All the fishing right in the Kosi River in Nepal shall continue to rest with HMG. However, no fishing shall be permitted within two miles of the barrage and headworks except under special permits to be issued by the competent authority of HMG in consultation with the Executive Engineer, Barrage. While issuing the special permits within two miles, HMG shall keep in view the safety of the headworks and the permit-holders.
Fishing Rights. Except as disclosed in Schedule 7.26(b):
(i) Each of Holdings and its Subsidiaries which holds an Approval or Permit identified in Schedule 7.25 is qualified under applicable law to hold such Approval or Permit and the Fishing Rights evidenced or represented thereby, and has been qualified to hold such Approval or Permit (including prior annual renewals thereof) at all relevant times.
(ii) Except as otherwise disclosed to the Administrative Agent in writing prior to the Effective Date, none of Holdings or its Subsidiaries has committed any violation of law, or other act or omission which could give rise to an action by any Governmental Authority to revoke, suspend, amend, limit, terminate, or deny original issuance or renewal of any of their respective Fishing Rights.
(iii) Each of Holdings and its Subsidiaries has conducted its activities and operations in compliance in all material respects with the statutes and regulations giving rise to the Fishing Rights and related Approvals and Permits.
(iv) To the Knowledge of the Borrower and Holdings, none of the Credit Parties, nor any general partner of any Credit Party that is a partnership, nor any member of any Credit Party that is a limited liability company, is a Foreign Person, and none of the Credit Parties is owned, directly or indirectly, by a Foreign Person to the extent that the Foreign Ownership Percentage would exceed the lesser of 25% or the maximum allowable by Law. (For purposes of this representation, “Knowledge” shall include actual knowledge, provided that any such Person shall be deemed to have knowledge of all facts and circumstances contained in any report, form or other filing made with the SEC pursuant to Regulation 13D or 13G of the Exchange Act in respect of any Holdings Parent Entity.)
Fishing Rights. Such Persons will not, and will not suffer or permit any other Person to:
(a) acquire an interest, directly or indirectly, in any Vessel, fish processing facility or Fishing Rights of any Credit Party, or take any other action if the acquisition of such interest or such other action would result in any limitation or restriction on the quantity of any fish or shellfish which may be harvested or processed by any of the Credit Parties, individually or collectively, under applicable limitations on “excessive shares” specified in or pursuant to the AFA or otherwise or on any other basis; or
(b) (i) take any action which may, in respect of any Vessel, fish processing facility or Fishing Rights of any Credit Party, (A) constitute under the AFA, an impermissible transfer of an interest in any such property to a Foreign Person, (B) directly or indirectly create an ownership interest in any such property in favor of Foreign Persons which exceeds the Foreign Ownership Percentage, (C) transfer control of a Vessel to a Foreign Person other than in compliance with the prior written approval of MARAD, or (ii) take or fail to take any action the result of which may invalidate the certificate of documentation or fishery endorsement of any Vessel.
Fishing Rights. The Borrower or a Subsidiary, as indicated in Schedule 5.25, holds all right, title and interest in Fishing Rights relating to each Vessel and the Appurtenances thereto, and all Approvals and Permits evidencing or representing such Fishing Rights for which Approvals or Permits are issued by any Governmental Authority as identified in Schedule 5.25, free and clear of all Liens other than Permitted Liens. Each of the Consolidated Parties which is a party to a Cooperative Agreement is qualified to remain a member of the Cooperative. None of the Consolidated Parties has committed any violation, or act or omission, which could give rise to an action by such Cooperative to revoke, suspend, amend, limit or terminate any of their rights in such Cooperative Agreements.
Fishing Rights. All the fishing rights in the KosiRiver in Nepal except within two miles of the Barrage shall vest in the Government of Nepal. No fishing will be permitted within two miles of the Barrage and Headworks.
Fishing Rights. The Borrower or a Subsidiary, as indicated in -------------- Schedule 5.25, holds all right, title and interest in Fishing Rights relating to ------------- each Vessel and the Appurtenances thereto, and all Approvals and Permits evidencing or representing such Fishing Rights for which Approvals or Permits are issued by any Governmental Authority as identified in Schedule 5.25, free and clear of all Liens other than Permitted ------------- Liens. Each of the Consolidated Parties which is a party to a fishing cooperative that relates to or impacts Fishing Rights Agreements is qualified to remain a member of the cooperative. None of the Consolidated Parties has committed any violation, or act or omission, which could give rise to an action by such cooperative to revoke, suspend, amend, limit or terminate any of their rights in such cooperative agreements.
Fishing Rights. The residents of the Union Territory of Dadra and Nagar Haveli and Gujarat who are actually affected by the Damanganga Project Reservoir submergence shall be granted fishing rights. In addition, all these who are traditionally dependent on fishing and who stand affected by the Project shall also be given the fishing rights.
Fishing Rights. Notwithstanding Clause 3.8 the Tenant may grant licences to any third parties granting fishing rights on the lake situated on the Premises on such terms and conditions as the Tenant may determine and for the avoidance of doubt the Tenant shall have the sole right to manage (at its own cost) fishing on the lake and collect (at its own cost) all revenues from such activities for its sole benefit.
