81 FR 10885 - Draft Environmental Assessment for the Candidate Conservation Agreement With Assurances for Fishers in the Klamath, Cascade, and Sierra Nevada Mountains
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service Federal Register Volume 81, Issue 41 (March 2, 2016)
Fish and Wildlife Service
Federal Register Volume 81, Issue 41 (March 2, 2016)
| Page Range | 10885-10887 | |
| FR Document | 2016-04550 |
[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)] [Notices] [Pages 10885-10887] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04550] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R8-2016-N019; FF08ESMF00-FXES11120800000F2-167] Draft Environmental Assessment for the Candidate Conservation Agreement With Assurances for Fishers in the Klamath, Cascade, and Sierra Nevada Mountains AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability and request for comment; permit application, draft environmental assessment, and proposed candidate conservation plan with assurances. ----------------------------------------------------------------------- SUMMARY: We, the Fish and Wildlife Service (Service), announce receipt of an application from Sierra Pacific Industries (SPI), a California forest management and lumber manufacturing company (applicant), for an enhancement of survival permit (permit) associated with a Candidate Conservation Agreement with [[Page 10886]] Assurances (CCAA) covering the fisher (Pekania pennanti). The Service has prepared a draft Environmental Assessment (EA) per the National Environmental Policy Act (NEPA) for the applicant's permit application and the proposed CCAA. If approved, the permit would authorize incidental take for the Federal candidate fisher within the West Coast Distinct Population Segment (DPS), during forestry operations including commercial timber harvesting on SPI's property in 16 counties in California, if the fisher is listed under the Endangered Species Act of 1973, as amended. We are requesting comment on the permit application, draft environmental assessment, and proposed candidate conservation plan with assurances. DATES: To ensure consideration, please send your written comments on or before April 1, 2016. ADDRESSES: Obtaining Documents: You may request a copy of the proposed CCAA and draft EA by email, telephone, fax, or U.S. mail (see below). These documents are also available for public inspection by appointment during normal business hours at the office below. Please send your requests or comments by any one of the following methods, and specify ``SPI CCAA for fishers'' in your request or comment. Submitting Comments: You may submit comments or requests for copies or more information by one of the following methods:Email: [email protected]. Include ``SPI CCAA for fishers'' in the subject line of the message. Telephone: Robert Carey, U.S. Fish and Wildlife Service, (530) 841-3103. Fax: Robert Carey, U.S. Fish and Wildlife Service, (530) 842-4517, Attn: SPI CCAA for fishers. U.S. mail: Robert Carey, Attn: SPI CCAA for fishers, U.S. Fish and Wildlife Service, 1829 S. Oregon Street, Yreka, CA 96097. In-Person Drop-off, Viewing, or Pickup: Call (530) 841- 3103 to make an appointment during regular business hours at the above address to view and comment on the documents. Online: Documents will be posted online at: http://www.fws.gov/yreka/. FOR FURTHER INFORMATION CONTACT: Robert Carey, U.S. Fish and Wildlife Service, (530) 841-3103 (telephone). If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: We announce receipt of an application from Sierra Pacific Industries (SPI), a forest management and lumber manufacturing company (applicant), for an enhancement of survival permit (permit) associated with a Candidate Conservation Agreement with Assurances (CCAA) covering the fisher (Pekania pennanti) for a period of 10 years. The Service has prepared a draft Environmental Assessment (EA) per the National Environmental Policy Act (NEPA) for the applicant's permit application and the proposed CCAA. If approved, the permit would authorize incidental take for the Federal candidate fisher within the West Coast Distinct Population Segment (DPS) if the fisher is listed under the Endangered Species Act (ESA), during forestry operations, including commercial timber harvesting, on SPI's property in 16 California counties: Amador, Shasta, El Dorado, Tehama, Nevada, Plumas, Calaveras, Siskiyou, Modoc, Tuolumne, Butte, Sierra, Lassen, Trinity, Placer, and Yuba. Introduction We announce the availability of our draft EA for the proposed SPI CCAA for fishers in accordance with the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.; NEPA), and NEPA implementing regulations in the Code of Federal Regulations (CFR) at 40 CFR 1506.6, as well as the availability of the applicant's section 10(a)(1)(A) permit application in compliance with section 10(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), which requires notice of applications for permits. The draft EA considers the environmental effects associated with issuing the applicant's requested enhancement of survival permit and implementation of the proposed CCAA, including impacts to the candidate fisher (Pekani pennanti) within the West Coast Distinct Population Segment (DPS). Take of fishers would be incidental to the applicant's forestry operations (29 CFR 780.215) and support activities in 16 counties in California. Background A Candidate Conservation Agreement with Assurances is an agreement with the Service in which private and other non-Federal landowners voluntarily agree to undertake management activities and conservation efforts on their properties to enhance, restore, or maintain habitat to benefit species that are proposed for listing under the Act, that are candidates for listing, or that may become candidates. These permits encourage non-Federal property owners to implement conservation measures for species that are, or are likely to become, candidates for Federal listing as endangered or threatened by assuring property owners they will not be subjected to increased property use restrictions if the covered species becomes listed in the future. Application requirements and issuance criteria for permits for enhancement of survival through CCAAs are in the Code of Federal Regulations (CFR) at 50 CFR 17.22(d) and 17.32(d). See also our policy on CCAAs (64 FR 32726; June 17, 1999). Applicant's Proposal The applicant requests a 10-year enhancement of survival permit under section 10(a)(1)(A) of the Act, which is accompanied by their CCAA. If we approve the permit application, the applicant anticipates taking fishers as a result of forestry operations and support activities primarily involving harvesting and transporting timber periodically on 1,570,963 acres of land where fishers are either known to occur or could reasonably be expected to occur in the future. Some forests owned by SPI are used by fishers for breeding, feeding, and sheltering. The take would be incidental to the applicant's routine forestry operations and support activities. The property is located in portions of 16 counties in California, generally occurring in rural regions but with some residential development intermingled with other privately owned lands and publically owned forests. Fishers use large home ranges and are difficult to detect during surveys. Without using telemetry or other methods of marking and recording fisher locations, home ranges are impossible to delineate precisely. Where fishers are known to occur within proximity (3 miles) of SPI's property, the Service has determined that SPI's timber activities may incidentally take fishers. Other federally listed species that are known to occur on or near SPI lands include northern spotted owls, gray wolves, several amphibians, and three anadromous salmonid runs (Central Valley Steelhead, S. Oregon-Northern California coho, and spring-run Chinook salmon). To enhance the survival of fishers on the enrolled lands, the applicant proposes to implement conservation actions that limit the removal or degradation of currently suitable fisher habitat, maintain and recruit habitat elements important to fishers, limit the timing of operations to avoid activities during the critical denning period, remove or reduce threats associated with the illegal use of toxic substances by trespassers cultivating marijuana, and reduce the risk of fishers drowning [[Page 10887]] in water tanks. During the 10-year term of the CCAA and ESP, the applicant proposes to maintain on its property the functional characteristic of fisher habitat on roughly 80 percent of the 10,000 acre polygons identified by the Service as having the highest likelihood of supporting a reproductive female fisher and her offspring. The implementation of the CCAA will be funded by SPI's general revenue. The applicant proposes to continue with their normal forestry operations, which have been ongoing for several decades and are guided by a long-term management plan approved by the California Department of Forestry and Fire Protection under the California Forest Practice Rules (FPRs) at 14 CCR 913.1(a), 933.1(a), 953.1(a) (Option A plan). This demonstration of Maximum Sustained Production (MSP) of high-quality timber products per the FPRs specifies the amount of timber harvest that will occur over a 100-year planning horizon after accounting for constraints associated with protecting non-timber resources such as watershed, wildlife, fisheries quality, and aesthetic values. One of the conservation measures proposed in the CCAA is to maintain the harvest rate specified in the Option A plan. Under that rate of harvest SPI will keep approximately 50 percent (at least 700,000 acres) of their enrolled property in a mixed age condition. Harvest scheduling will also be constrained where necessary such that 43 of the 54 originally identified high quality fisher areas maintain the functional characteristics of fisher habitat at the landscape scale over the 10- year CCAA. In each timber harvesting unit, habitat elements such as large old trees, defective trees, snags, and hardwoods will be specifically retained and recruited as detailed in the CCAA. The implementation of these conservation measures will be monitored, and over time the effectiveness of these measures for providing functional fisher habitat will be evaluated in adaptive manner allowing for changes, if necessary to achieve the conservation goals. National Environmental Policy Act Compliance We provide this notice under section 10(c) of the Act and Service regulations for implementing NEPA. We have prepared a draft EA for the proposed action and have made it and the applicant's proposed CCAA available for public inspection (see ADDRESSES). NEPA requires that a range of reasonable alternatives, including the proposed action, be described. The draft EA analyzes three alternatives, described below. Proposed Action (Preferred Alternative) We propose issuing an enhancement of survival permit to the applicant, who would implement the CCAA, described above. If we approve the permit, incidental take of fishers would be authorized during the applicant's forestry operations and support activities should the fisher become listed. With this alternative, incidental take would be reduced from the No Action and Stirling Management area alternative because under the CCAA SPI would be required to reduce the disturbance during the fisher breeding season, maintain large blocks of mixed age class forest, maintain functional landscapes for fishers, retain and recruit habitat elements that are important to fishers, and monitor the implementation and effectiveness of these measures for conserving fishers throughout their property, including the Stirling Management Area. No Action Alternative The draft EA includes a No Action alternative; the Service and SPI would not enter into the CCAA and the conservation measures would not be implemented. Under the No Action alternative, impacts to fishers would likely continue at the current rate. Under this alternative, SPI would continue with their ongoing operations guided by the California Forest Practice Rules, other local, State and Federal regulatory frameworks including the ESA. Excluding the SPI Stirling Management Area From the CCAA Alternative Under this alternative, SPI's 159,966-acre Stirling Management Area (SMA) would be excluded from the CCAA. In 2005, in response to concerns over the absence of fishers in portions of their historical occupied range, the Service and the California Department of Fish and Wildlife (CDFW) began considering translocation of fishers to reestablish fishers in historically occupied areas. The Service and SPI entered into a CCAA and the Service issued an ESP that would authorize SPI's take of fishers in the event the translocation was successful and if the fisher is listed. Between 2009 and 2011, 40 fishers were translocated to the SMA. The Stirling CCAA requires fewer conservation measures than the proposed CCAA and will expire on April 14, 2028. Under Alternative 3 (excluding the SMA from the proposed CCAA), the environmental impacts from SPI's forestry operations and support activities would be identical to those under the Proposed Action; however, the SMA would be managed under the previous CCAA rather than the proposed CCAA. Public Review The Service invites the public to comment on the permit application, including the proposed CCAA and draft EA, during the public comment period (see DATES). If you wish to comment, you may submit your comments via one of the means listed in ADDRESSES. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment--including your personal identifying information--may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Next Steps Issuance of an enhancement of survival permit is a Federal action subject to compliance with NEPA. We will evaluate the application, associated documents, and any public comments we receive to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the Act. If we determine that those requirements are met, we will issue a permit to the applicant for the incidental take of fishers that becomes effective if fishers are listed. We will not make our final decision until after the 30-day public comment period ends. Alexandra Pitts, Deputy Regional Director, Pacific Southwest Region, Sacramento, California. [FR Doc. 2016-04550 Filed 3-1-16; 8:45 am] BILLING CODE 4333-15-P
![Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices 10885
and explain the basis for your hearing is at the discretion of the Applicant: Kenneth Morrill, Escalon,
comments. Include sufficient Service Director. CA; PRT–86976b
information with your comments to The applicant requests a permit to
allow us to authenticate any scientific or III. Permit Applications
import a sport-hunted trophy of one
commercial data you include. A. Endangered Species male bontebok (Damaliscus pygargus
The comments and recommendations pygargus) culled from a captive herd
that will be most useful and likely to Applicant: Tonya Bryson, Winston, GA;
maintained under the management
influence agency decisions are: (1) PRT–42334B
program of the Republic of South Africa,
Those supported by quantitative
The applicant requests a captive-bred for the purpose of enhancement of the
information or studies; and (2) Those
wildlife registration under 50 CFR survival of the species.
that include citations to, and analyses
of, the applicable laws and regulations. 17.21(g) for the following species to B. Endangered Marine Mammals and
We will not consider or include in our enhance species propagation or Marine Mammals
administrative record comments we survival: Galapagos giant tortoise
(Chelonoidis nigra), Aquatic box turtle Applicant: Anthony Pagano, USGS/
receive after the close of the comment
(Terrapene coahuila), Bolson tortoise Alaska Science Center, Anchorage, AK;
period (see DATES) or comments
(Gopherus flavomarginatus), and PRT–77245B
delivered to an address other than those
listed above (see ADDRESSES). spotted pond turtle (Geoclemys The applicant requests a permit to
hamiltonii). This notification covers take two captive-born polar bears (Ursus
B. May I review comments submitted by maritimus) at Oregon Zoo by biological
activities to be conducted by the
others? sampling and fitting and removal of GPS
applicant over a 5-year period.
Comments, including names and collars for the purpose of scientific
street addresses of respondents, will be Applicant: Juliann Sweet, Scottsdale, research on polar bears’ diet and
available for public review at the street AZ; PRT–80172B energetics. This notification covers
address listed under ADDRESSES. The activities to be conducted by the
public may review documents and other The applicant requests a captive-bred
applicant for up to a 5-year period.
information applicants have sent in wildlife registration under 50 CFR Concurrent with publishing this
support of the application unless our 17.21(g) for the following species to notice in the Federal Register, we are
allowing viewing would violate the enhance species propagation or forwarding copies of the above
Privacy Act or Freedom of Information survival: Exuma Island iguana (Cyclura applications to the Marine Mammal
Act. Before including your address, cychlura figginsi). This notification Commission and the Committee of
phone number, email address, or other covers activities to be conducted by the Scientific Advisors for their review.
personal identifying information in your applicant over a 5-year period.
comment, you should be aware that Brenda Tapia,
Applicant: The Austin Savanna, Program Analyst/Data Administrator, Branch
your entire comment—including your Creedmoor, TX; PRT–10982A
personal identifying information—may of Permits, Division of Management
Authority.
be made publicly available at any time. The applicant requests an amendment
[FR Doc. 2016–04565 Filed 3–1–16; 8:45 am]
While you can ask us in your comment and renewal of their captive-bred
to withhold your personal identifying BILLING CODE 4333–15–P
wildlife registration under 50 CFR
information from public review, we 17.21(g) for the following species to
cannot guarantee that we will be able to enhance species propagation or
do so. DEPARTMENT OF THE INTERIOR
survival: Galapagos giant tortoise
II. Background (Chelonoidis nigra), radiated tortoise, Fish and Wildlife Service
(Astrochelys radiata), salmon-crested
To help us carry out our conservation [FWS–R8–2016–N019; FF08ESMF00–
cockatoo (Cacatua moluccensis), white
responsibilities for affected species, and FXES11120800000F2–167]
cockatoo (Cacatua alba), yellow-crested
in consideration of section 10(a)(1)(A) of
the Endangered Species Act of 1973, as cockatoo (Cacatua sulphurea), blue- Draft Environmental Assessment for
amended (16 U.S.C. 1531 et seq.), and throated macaw (Ara glaucogularis), the Candidate Conservation
the Marine Mammal Protection Act of ring-tailed lemur (Lemur catta), black Agreement With Assurances for
1972, as amended (16 U.S.C. 1361 et and white ruffed lemur (Varecia Fishers in the Klamath, Cascade, and
seq.), along with Executive Order 13576, variegata), red-ruffed lemur (Varecia Sierra Nevada Mountains
‘‘Delivering an Efficient, Effective, and rubra), cottontop tamarin (Saguinus
AGENCY: Fish and Wildlife Service,
Accountable Government,’’ and the oedipus), lar gibbon (Hylobates lar),
Interior.
President’s Memorandum for the Heads Southern white rhinoceros
ACTION: Notice of availability and
of Executive Departments and Agencies (Ceratotherium simum simum), black
rhinoceros (Diceros bicornis), Indian request for comment; permit
of January 21, 2009—Transparency and application, draft environmental
Open Government (74 FR 4685; January rhinoceros (Rhinoceros unicornis),
Grevy’s zebra (Equus grevyi), assessment, and proposed candidate
26, 2009), which call on all Federal conservation plan with assurances.
agencies to promote openness and Hartmann’s zebra (Equus zebra
transparency in Government by hartmannae), Przewalski’s horse (Equus SUMMARY: We, the Fish and Wildlife
przewalskii), Barasingha (Rucervus
mstockstill on DSK4VPTVN1PROD with NOTICES
disclosing information to the public, we Service (Service), announce receipt of
invite public comment on these permit duvaucelii), Eld’s deer (Rucervus eldii), an application from Sierra Pacific
applications before final action is taken. bontebok (Damaliscus pygargus Industries (SPI), a California forest
Under the MMPA, you may request a pygargus), red lechwe (Kobus leche), management and lumber manufacturing
hearing on any MMPA application and slender-horned gazelle (Gazella company (applicant), for an
received. If you request a hearing, give leptoceros). This notification covers enhancement of survival permit (permit)
specific reasons why a hearing would be activities to be conducted by the associated with a Candidate
appropriate. The holding of such a applicant over a 5-year period. Conservation Agreement with
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![Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Notices 10887
in water tanks. During the 10-year term EA analyzes three alternatives, identical to those under the Proposed
of the CCAA and ESP, the applicant described below. Action; however, the SMA would be
proposes to maintain on its property the managed under the previous CCAA
Proposed Action (Preferred Alternative)
functional characteristic of fisher habitat rather than the proposed CCAA.
on roughly 80 percent of the 10,000 acre We propose issuing an enhancement
of survival permit to the applicant, who Public Review
polygons identified by the Service as
having the highest likelihood of would implement the CCAA, described The Service invites the public to
supporting a reproductive female fisher above. If we approve the permit, comment on the permit application,
and her offspring. The implementation incidental take of fishers would be including the proposed CCAA and draft
of the CCAA will be funded by SPI’s authorized during the applicant’s EA, during the public comment period
general revenue. forestry operations and support (see DATES). If you wish to comment,
The applicant proposes to continue activities should the fisher become you may submit your comments via one
with their normal forestry operations, listed. With this alternative, incidental of the means listed in ADDRESSES. Before
which have been ongoing for several take would be reduced from the No including your address, phone number,
Action and Stirling Management area email address, or other personal
decades and are guided by a long-term
alternative because under the CCAA SPI identifying information in your
management plan approved by the
would be required to reduce the comment, you should be aware that
California Department of Forestry and
disturbance during the fisher breeding your entire comment—including your
Fire Protection under the California
season, maintain large blocks of mixed personal identifying information—may
Forest Practice Rules (FPRs) at 14 CCR
age class forest, maintain functional be made publicly available at any time.
913.1(a), 933.1(a), 953.1(a) (Option A
landscapes for fishers, retain and recruit While you may ask us in your comment
plan). This demonstration of Maximum
habitat elements that are important to to withhold your personal identifying
Sustained Production (MSP) of high-
fishers, and monitor the implementation information from public review, we
quality timber products per the FPRs
and effectiveness of these measures for cannot guarantee that we will be able to
specifies the amount of timber harvest
conserving fishers throughout their do so.
that will occur over a 100-year planning
property, including the Stirling
horizon after accounting for constraints Next Steps
Management Area.
associated with protecting non-timber
resources such as watershed, wildlife, No Action Alternative Issuance of an enhancement of
fisheries quality, and aesthetic values. survival permit is a Federal action
The draft EA includes a No Action subject to compliance with NEPA. We
One of the conservation measures alternative; the Service and SPI would
proposed in the CCAA is to maintain will evaluate the application, associated
not enter into the CCAA and the documents, and any public comments
the harvest rate specified in the Option conservation measures would not be
A plan. Under that rate of harvest SPI we receive to determine whether the
implemented. Under the No Action application meets the requirements of
will keep approximately 50 percent (at alternative, impacts to fishers would
least 700,000 acres) of their enrolled NEPA regulations and section 10(a) of
likely continue at the current rate. the Act. If we determine that those
property in a mixed age condition. Under this alternative, SPI would
Harvest scheduling will also be requirements are met, we will issue a
continue with their ongoing operations permit to the applicant for the
constrained where necessary such that guided by the California Forest Practice
43 of the 54 originally identified high incidental take of fishers that becomes
Rules, other local, State and Federal effective if fishers are listed. We will not
quality fisher areas maintain the regulatory frameworks including the
functional characteristics of fisher make our final decision until after the
ESA. 30-day public comment period ends.
habitat at the landscape scale over the
10-year CCAA. In each timber Excluding the SPI Stirling Management Alexandra Pitts,
harvesting unit, habitat elements such Area From the CCAA Alternative
Deputy Regional Director, Pacific Southwest
as large old trees, defective trees, snags, Under this alternative, SPI’s 159,966- Region, Sacramento, California.
and hardwoods will be specifically acre Stirling Management Area (SMA) [FR Doc. 2016–04550 Filed 3–1–16; 8:45 am]
retained and recruited as detailed in the would be excluded from the CCAA. In BILLING CODE 4333–15–P
CCAA. The implementation of these 2005, in response to concerns over the
conservation measures will be absence of fishers in portions of their
monitored, and over time the historical occupied range, the Service DEPARTMENT OF THE INTERIOR
effectiveness of these measures for and the California Department of Fish
providing functional fisher habitat will and Wildlife (CDFW) began considering Bureau of Indian Affairs
be evaluated in adaptive manner translocation of fishers to reestablish
allowing for changes, if necessary to fishers in historically occupied areas. [167A2100DD/AAKC001030/
achieve the conservation goals. The Service and SPI entered into a A0A501010.999900 253G]
National Environmental Policy Act CCAA and the Service issued an ESP
Indian Child Welfare Act; Designated
Compliance that would authorize SPI’s take of
Tribal Agents for Service of Notice
fishers in the event the translocation
We provide this notice under section was successful and if the fisher is listed. AGENCY: Bureau of Indians Affairs,
10(c) of the Act and Service regulations Between 2009 and 2011, 40 fishers were Interior.
mstockstill on DSK4VPTVN1PROD with NOTICES
for implementing NEPA. We have translocated to the SMA. The Stirling ACTION: Notice.
prepared a draft EA for the proposed CCAA requires fewer conservation
action and have made it and the measures than the proposed CCAA and SUMMARY: The regulations implementing
applicant’s proposed CCAA available will expire on April 14, 2028. Under the Indian Child Welfare Act provide
for public inspection (see ADDRESSES). Alternative 3 (excluding the SMA from that Indian Tribes may designate an
NEPA requires that a range of the proposed CCAA), the environmental agent other than the Tribal chairman for
reasonable alternatives, including the impacts from SPI’s forestry operations service of notice of proceedings under
proposed action, be described. The draft and support activities would be the Act. This notice includes the current
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Document Created: 2018-02-02 15:04:26
Document Modified: 2018-02-02 15:04:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of availability and request for comment; permit application, draft environmental assessment, and proposed candidate conservation plan with assurances. | |
| Dates | To ensure consideration, please send your written comments on or before April 1, 2016. | |
| Contact | Robert Carey, U.S. Fish and Wildlife Service, (530) 841-3103 (telephone). If you use a telecommunications device for the deaf, please call the Federal Information Relay Service at 800-877-8339. | |
| FR Citation | 81 FR 10885 |
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