81_FR_21551 81 FR 21481 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

81 FR 21481 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 70 (April 12, 2016)

Page Range21481-21482
FR Document2016-08386

NMFS closes the southern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category southern area trophy BFT subquota.

Federal Register, Volume 81 Issue 70 (Tuesday, April 12, 2016)
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Rules and Regulations]
[Pages 21481-21482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08386]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XE539


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure of Angling category southern area 
trophy fishery.

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SUMMARY: NMFS closes the southern area Angling category fishery for 
large medium and giant (``trophy'' (i.e., measuring 73 inches curved 
fork length or greater)) Atlantic bluefin tuna (BFT). This action is 
being taken to prevent any further overharvest of the Angling category 
southern area trophy BFT subquota.

DATES: Effective 11:30 p.m., local time, April 10, 2016, through 
December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per the 
allocations established in the 2006 Consolidated Atlantic Highly 
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) 
(71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and 
in accordance with implementing regulations.
    NMFS is required, under Sec.  635.28(a)(1), to file a closure 
notice with the Office of the Federal Register for publication when a 
BFT quota is reached or is projected to be reached. On and after the 
effective date and time of such notification, for the remainder of the 
fishing year or for a specified period as indicated in the 
notification, retaining, possessing, or landing BFT under that quota 
category is prohibited until the opening of the subsequent quota period 
or until such date as specified in the notice.

Angling Category Large Medium and Giant Southern ``Trophy'' Fishery 
Closure

    The 2016 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2016. The Angling category season opened January 1, 2016, and continues 
through December 31, 2016. The currently codified Angling category 
quota is 195.2 mt, of which 4.5 mt is allocated for the harvest of 
large medium and giant (trophy) BFT from the regulatory area by vessels 
fishing under the Angling

[[Page 21482]]

category quota, with 1.5 mt allocated for each of the following areas: 
North of 39[deg]18' N. lat. (off Great Egg Inlet, NJ); south of 
39[deg]18' N. lat. and outside the Gulf of Mexico; and in the Gulf of 
Mexico. Trophy BFT measure 73 inches (185 cm) curved fork length or 
greater.
    As of April 4, 2016, reported landings from the NMFS Automated 
Catch Reporting System and the North Carolina Tagging Program total 
approximately 1.6 mt. NMFS has determined that the codified Angling 
category southern area trophy BFT subquota has been reached and that a 
closure of the southern area trophy BFT fishery is warranted at this 
time. Therefore, retaining, possessing, or landing large medium or 
giant BFT south of 39[deg]18' N. lat. and outside the Gulf of Mexico by 
persons aboard vessels permitted in the HMS Angling category and the 
HMS Charter/Headboat category must cease at 11:30 p.m. local time on 
April 10, 2016. This closure will remain effective through December 31, 
2016. This action is intended to prevent any further overharvest of the 
Angling category southern area trophy BFT subquota, and is taken 
consistent with the regulations at Sec.  635.28(a)(1).
    If needed, subsequent Angling category adjustments will be 
published in the Federal Register. Information regarding the Angling 
category fishery for Atlantic tunas, including daily retention limits 
for BFT measuring 27 inches (68.5 cm) to less than 73 inches and any 
further Angling category adjustments, is available at 
hmspermits.noaa.gov or by calling (978) 281-9260.
    HMS Angling and HMS Charter/Headboat category permit holders may 
catch and release (or tag and release) BFT of all sizes, subject to the 
requirements of the catch-and-release and tag-and-release programs at 
Sec.  635.26. Anglers are also reminded that all BFT that are released 
must be handled in a manner that will maximize survival, and without 
removing the fish from the water, consistent with requirements at Sec.  
635.21(a)(1). For additional information on safe handling, see the 
``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    The regulations implementing the 2006 Consolidated HMS FMP, as 
amended, provide for inseason retention limit adjustments and fishery 
closures to respond to the unpredictable nature of BFT availability on 
the fishing grounds, the migratory nature of this species, and the 
regional variations in the BFT fishery. The closure of the southern 
area Angling category trophy fishery is necessary to prevent any 
further overharvest of the southern area trophy fishery subquota. NMFS 
provides notification of closures by publishing the notice in the 
Federal Register, emailing individuals who have subscribed to the 
Atlantic HMS News electronic newsletter, and updating the information 
posted on the Atlantic Tunas Information Line and on 
hmspermits.noaa.gov.
    These fisheries are currently underway and delaying this action 
would be contrary to the public interest as it could result in 
excessive trophy BFT landings that may result in future potential quota 
reductions for the Angling category, depending on the magnitude of a 
potential Angling category overharvest. NMFS must close the southern 
area trophy BFT fishery before additional landings of these sizes of 
BFT accumulate. Therefore, the AA finds good cause under 5 U.S.C. 
553(b)(B) to waive prior notice and the opportunity for public comment. 
For all of the above reasons, there is good cause under 5 U.S.C. 553(d) 
to waive the 30-day delay in effectiveness.
    This action is being taken under 50 CFR 635.28(a)(1), and is exempt 
from review under Executive Order 12866.

    Authority:  16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: April 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-08386 Filed 4-7-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                    Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations                                        21481

                                                included an incorrect description for the               Street, then east on 305th Street/Bluff               measuring 73 inches curved fork length
                                                Special Early Canada Goose Unit in                      Road to State Highway 19, then south to               or greater)) Atlantic bluefin tuna (BFT).
                                                South Dakota. With this document, we                    State Highway 50 and east to the Clay/                This action is being taken to prevent any
                                                correct our errors.                                     Union County Line; McPherson,                         further overharvest of the Angling
                                                DATES: This correction is effective April               Edmunds, Kingsbury, Brookings, Lake,                  category southern area trophy BFT
                                                12, 2016.                                               Moody, Miner, Faulk, Hand, Jerauld,                   subquota.
                                                FOR FURTHER INFORMATION CONTACT: Ron                    Douglas, Hutchinson, Turner, Aurora,                  DATES: Effective 11:30 p.m., local time,
                                                W. Kokel, (703) 358–1714.                               Beadle, Davison, Hanson, Sanborn,                     April 10, 2016, through December 31,
                                                SUPPLEMENTARY INFORMATION: In a final
                                                                                                        Spink, Brown, Harding, Butte,                         2016.
                                                rule that published in the Federal                      Lawrence, Meade, Oglala Lakota
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                Register on March 28, 2016, at 81 FR                    (formerly Shannon), Jackson, Mellette,
                                                                                                        Todd, Jones, Haakon, Corson, Ziebach,                 Sarah McLaughlin or Brad McHale,
                                                17302, the following corrections are                                                                          978–281–9260.
                                                made:                                                   and McCook Counties; and those
                                                                                                        portions of Minnehaha and Lincoln                     SUPPLEMENTARY INFORMATION:
                                                Final Regulations Frameworks for                        counties outside of an area bounded by                Regulations implemented under the
                                                2016–17 Hunting Seasons on Certain                      a line beginning at the junction of the               authority of the Atlantic Tunas
                                                Migratory Game Birds [Corrected]                        South Dakota-Minnesota State line and                 Convention Act (ATCA; 16 U.S.C. 971 et
                                                                                                        Minnehaha County Highway 122 (254th                   seq.) and the Magnuson-Stevens Fishery
                                                   1. On page 17317, in the second                                                                            Conservation and Management Act
                                                column, under the heading ‘‘Alaska’’                    Street) west to its junction with
                                                                                                        Minnehaha County Highway 149 (464th                   (Magnuson-Stevens Act; 16 U.S.C. 1801
                                                and the subheading ‘‘Daily Bag and                                                                            et seq.) governing the harvest of BFT by
                                                Possession Limits,’’ the third sentence                 Avenue), south on Minnehaha County
                                                                                                        Highway 149 (464th Avenue) to                         persons and vessels subject to U.S.
                                                under ‘‘Ducks:’’ is amended by                                                                                jurisdiction are found at 50 CFR part
                                                removing the words ‘‘1 canvasback’’’                    Hartford, then south on Minnehaha
                                                                                                        County Highway 151 (463rd Avenue) to                  635. Section 635.27 subdivides the U.S.
                                                and adding in their place the words ‘‘2                                                                       BFT quota recommended by the
                                                canvasbacks’’.                                          State Highway 42, east on State
                                                                                                        Highway 42 to State Highway 17, south                 International Commission for the
                                                   2. On page 17330, in the first column,                                                                     Conservation of Atlantic Tunas (ICCAT)
                                                under the heading ‘‘South Dakota’’ and                  on State Highway 17 to its junction with
                                                                                                                                                              among the various domestic fishing
                                                the subheading ‘‘Early Canada Goose                     Lincoln County Highway 116 (Klondike
                                                                                                                                                              categories, per the allocations
                                                Seasons,’’ remove the entire paragraph                  Road), and east on Lincoln County
                                                                                                                                                              established in the 2006 Consolidated
                                                beginning with the words ‘‘Special Early                Highway 116 (Klondike Road) to the
                                                                                                                                                              Atlantic Highly Migratory Species
                                                Canada Goose Unit:’’ and add in its                     South Dakota-Iowa State line, then
                                                                                                                                                              Fishery Management Plan (2006
                                                place the following paragraph: ‘‘Special                north along the South Dakota-Iowa and
                                                                                                                                                              Consolidated HMS FMP) (71 FR 58058,
                                                Early Canada Goose Unit: The Counties                   South Dakota-Minnesota border to the
                                                                                                                                                              October 2, 2006), as amended by
                                                of Campbell, Marshall, Roberts, Day,                    junction of the South Dakota-Minnesota
                                                                                                                                                              Amendment 7 to the 2006 Consolidated
                                                Clark, Codington, Grant, Hamlin, Deuel,                 State line and Minnehaha County
                                                                                                                                                              HMS FMP (Amendment 7) (79 FR
                                                Walworth; that portion of Perkins                       Highway 122 (254th Street).’’
                                                                                                                                                              71510, December 2, 2014), and in
                                                County west of State Highway 75 and                       Dated: April 6, 2016.                               accordance with implementing
                                                south of State Highway 20; that portion                 Tina A. Campbell,                                     regulations.
                                                of Dewey County north of Bureau of                      Chief, Division of Policy, Performance, and              NMFS is required, under
                                                Indian Affairs Road 8, Bureau of Indian                 Management Programs, U.S. Fish and Wildlife           § 635.28(a)(1), to file a closure notice
                                                Affairs Road 9, and the section of U.S.                 Service.                                              with the Office of the Federal Register
                                                Highway 212 east of the Bureau of                       [FR Doc. 2016–08326 Filed 4–11–16; 8:45 am]           for publication when a BFT quota is
                                                Indian Affairs Road 8 junction; that                    BILLING CODE 4310–55–P                                reached or is projected to be reached.
                                                portion of Potter County east of U.S.                                                                         On and after the effective date and time
                                                Highway 83; that portion of Sully                                                                             of such notification, for the remainder of
                                                County east of U.S. Highway 83;                         DEPARTMENT OF COMMERCE                                the fishing year or for a specified period
                                                portions of Hyde, Buffalo, Brule, and                                                                         as indicated in the notification,
                                                Charles Mix counties north and east of                  National Oceanic and Atmospheric                      retaining, possessing, or landing BFT
                                                a line beginning at the Hughes-Hyde                     Administration                                        under that quota category is prohibited
                                                County line on State Highway 34, east                                                                         until the opening of the subsequent
                                                to Lees Boulevard, southeast to State                   50 CFR Part 635                                       quota period or until such date as
                                                Highway 34, east 7 miles to 350th                                                                             specified in the notice.
                                                                                                        [Docket No. 150121066–5717–02]
                                                Avenue, south to Interstate 90 on 350th
                                                Avenue, south and east on State                         RIN 0648–XE539                                        Angling Category Large Medium and
                                                Highway 50 to Geddes, east on 285th                                                                           Giant Southern ‘‘Trophy’’ Fishery
                                                Street to U.S. Highway 281, and north                   Atlantic Highly Migratory Species;                    Closure
                                                on U.S. Highway 281 to the Charles                      Atlantic Bluefin Tuna Fisheries                          The 2016 BFT fishing year, which is
                                                Mix-Douglas County boundary; that                       AGENCY:  National Marine Fisheries                    managed on a calendar-year basis and
                                                portion of Bon Homme County north of                    Service (NMFS), National Oceanic and                  subject to an annual calendar-year
                                                State Highway 50; those portions of                     Atmospheric Administration (NOAA),                    quota, began January 1, 2016. The
                                                Yankton and Clay Counties north of a                    Commerce.                                             Angling category season opened January
jstallworth on DSK7TPTVN1PROD with RULES




                                                line beginning at the junction of State                 ACTION: Temporary rule; closure of                    1, 2016, and continues through
                                                Highway 50 and 306th Street/County                      Angling category southern area trophy                 December 31, 2016. The currently
                                                Highway 585 in Bon Homme County,                        fishery.                                              codified Angling category quota is 195.2
                                                east to U.S. Highway 81, then north on                                                                        mt, of which 4.5 mt is allocated for the
                                                U.S. Highway 81 to 303rd Street, then                   SUMMARY:  NMFS closes the southern                    harvest of large medium and giant
                                                east on 303rd Street to 444th Avenue,                   area Angling category fishery for large               (trophy) BFT from the regulatory area by
                                                then south on 444th Avenue to 305th                     medium and giant (‘‘trophy’’ (i.e.,                   vessels fishing under the Angling


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                                                21482               Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Rules and Regulations

                                                category quota, with 1.5 mt allocated for               amended, provide for inseason retention               Atmospheric Administration (NOAA),
                                                each of the following areas: North of                   limit adjustments and fishery closures                Commerce.
                                                39°18′ N. lat. (off Great Egg Inlet, NJ);               to respond to the unpredictable nature
                                                south of 39°18′ N. lat. and outside the                 of BFT availability on the fishing                    ACTION:   Temporary rule; reallocation.
                                                Gulf of Mexico; and in the Gulf of                      grounds, the migratory nature of this
                                                Mexico. Trophy BFT measure 73 inches                    species, and the regional variations in               SUMMARY:   NMFS is exchanging unused
                                                (185 cm) curved fork length or greater.                 the BFT fishery. The closure of the                   rock sole Community Development
                                                   As of April 4, 2016, reported landings               southern area Angling category trophy                 Quota (CDQ) for yellowfin sole CDQ
                                                from the NMFS Automated Catch                           fishery is necessary to prevent any                   acceptable biological catch (ABC)
                                                Reporting System and the North                          further overharvest of the southern area              reserves in the Bering Sea and Aleutian
                                                Carolina Tagging Program total                          trophy fishery subquota. NMFS                         Islands management area. This action is
                                                approximately 1.6 mt. NMFS has                          provides notification of closures by                  necessary to allow the 2016 total
                                                determined that the codified Angling                    publishing the notice in the Federal                  allowable catch of rock sole, and
                                                category southern area trophy BFT                       Register, emailing individuals who have               yellowfin sole in the Bering Sea and
                                                subquota has been reached and that a                    subscribed to the Atlantic HMS News                   Aleutian Islands management area to be
                                                closure of the southern area trophy BFT                 electronic newsletter, and updating the               harvested.
                                                fishery is warranted at this time.                      information posted on the Atlantic
                                                Therefore, retaining, possessing, or                    Tunas Information Line and on                              Effective April 12, 2016, through
                                                                                                                                                              DATES:
                                                landing large medium or giant BFT                       hmspermits.noaa.gov.                                  December 31, 2016.
                                                south of 39°18′ N. lat. and outside the                    These fisheries are currently                      FOR FURTHER INFORMATION CONTACT:
                                                Gulf of Mexico by persons aboard                        underway and delaying this action                     Steve Whitney, 907–586–7228.
                                                vessels permitted in the HMS Angling                    would be contrary to the public interest
                                                category and the HMS Charter/Headboat                   as it could result in excessive trophy                SUPPLEMENTARY INFORMATION:     NMFS
                                                category must cease at 11:30 p.m. local                 BFT landings that may result in future                manages the groundfish fishery in the
                                                time on April 10, 2016. This closure                    potential quota reductions for the                    Bering Sea and Aleutian Islands
                                                will remain effective through December                  Angling category, depending on the                    management area (BSAI) according to
                                                31, 2016. This action is intended to                    magnitude of a potential Angling                      the Fishery Management Plan for
                                                prevent any further overharvest of the                  category overharvest. NMFS must close                 Groundfish of the Bering Sea and
                                                Angling category southern area trophy                   the southern area trophy BFT fishery                  Aleutian Islands Management Area
                                                BFT subquota, and is taken consistent                   before additional landings of these sizes             (FMP) prepared by the North Pacific
                                                with the regulations at § 635.28(a)(1).                 of BFT accumulate. Therefore, the AA                  Fishery Management Council under
                                                   If needed, subsequent Angling                        finds good cause under 5 U.S.C.
                                                category adjustments will be published                                                                        authority of the Magnuson-Stevens
                                                                                                        553(b)(B) to waive prior notice and the               Fishery Conservation and Management
                                                in the Federal Register. Information
                                                                                                        opportunity for public comment. For all               Act. Regulations governing fishing by
                                                regarding the Angling category fishery
                                                                                                        of the above reasons, there is good cause             U.S. vessels in accordance with the FMP
                                                for Atlantic tunas, including daily
                                                                                                        under 5 U.S.C. 553(d) to waive the 30-                appear at subpart H of 50 CFR part 600
                                                retention limits for BFT measuring 27
                                                                                                        day delay in effectiveness.                           and 50 CFR part 679.
                                                inches (68.5 cm) to less than 73 inches
                                                                                                           This action is being taken under 50
                                                and any further Angling category                                                                                The 2016 rock sole and yellowfin sole
                                                                                                        CFR 635.28(a)(1), and is exempt from
                                                adjustments, is available at                                                                                  CDQ reserves specified in the BSAI are
                                                                                                        review under Executive Order 12866.
                                                hmspermits.noaa.gov or by calling (978)                                                                       6,110 mt, and 15,408 mt as established
                                                281–9260.                                                  Authority: 16 U.S.C. 971 et seq. and 1801
                                                                                                                                                              by the final 2016 and 2017 harvest
                                                   HMS Angling and HMS Charter/                         et seq.
                                                                                                                                                              specifications for groundfish in the
                                                Headboat category permit holders may                      Dated: April 7, 2016.                               BSAI (81 FR 14773, March 18, 2016).
                                                catch and release (or tag and release)                  Emily H. Menashes,                                    The 2016 rock sole and yellowfin sole
                                                BFT of all sizes, subject to the                        Acting Director, Office of Sustainable
                                                requirements of the catch-and-release                                                                         CDQ ABC reserves are 11,128 mt and
                                                                                                        Fisheries, National Marine Fisheries Service.         7,244 mt as established by the final 2016
                                                and tag-and-release programs at                         [FR Doc. 2016–08386 Filed 4–7–16; 4:15 pm]
                                                § 635.26. Anglers are also reminded that                                                                      and 2017 harvest specifications for
                                                all BFT that are released must be
                                                                                                        BILLING CODE 3510–22–P                                groundfish in the BSAI (81 FR 14773,
                                                handled in a manner that will maximize                                                                        March 18, 2016).
                                                survival, and without removing the fish                 DEPARTMENT OF COMMERCE                                  The Norton Sound Economic
                                                from the water, consistent with                                                                               Development Corporation has requested
                                                requirements at § 635.21(a)(1). For                     National Oceanic and Atmospheric                      that NMFS exchange 400 mt of rock sole
                                                additional information on safe handling,                Administration                                        CDQ reserves for 400 mt of yellowfin
                                                see the ‘‘Careful Catch and Release’’                                                                         sole CDQ ABC reserves under
                                                brochure available at                                   50 CFR Part 679                                       § 679.31(d). Therefore, in accordance
                                                www.nmfs.noaa.gov/sfa/hms/.                                                                                   with § 679.31(d), NMFS exchanges 400
                                                                                                        [Docket No. 150916863–6211–02]
                                                Classification                                                                                                mt of rock sole CDQ reserves for 400 mt
                                                                                                        RIN 0648–XE558                                        of yellowfin sole CDQ ABC reserves in
                                                  The Assistant Administrator for
                                                NMFS (AA) finds that it is impracticable                                                                      the BSAI. This action also decreases and
                                                                                                        Fisheries of the Exclusive Economic                   increases the TACs and CDQ ABC
jstallworth on DSK7TPTVN1PROD with RULES




                                                and contrary to the public interest to                  Zone off Alaska; Exchange of Flatfish
                                                provide prior notice of, and an                                                                               reserves by the corresponding amounts.
                                                                                                        in the Bering Sea and Aleutian Islands
                                                opportunity for public comment on, this                                                                       Tables 11 and 13 of the final 2016 and
                                                                                                        Management Area
                                                action for the following reasons:                                                                             2017 harvest specifications for
                                                  The regulations implementing the                      AGENCY:  National Marine Fisheries                    groundfish in the BSAI (81 FR 14773,
                                                2006 Consolidated HMS FMP, as                           Service (NMFS), National Oceanic and                  March 18, 2016) are revised as follows:




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Document Created: 2016-04-12 00:46:28
Document Modified: 2016-04-12 00:46:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure of Angling category southern area trophy fishery.
DatesEffective 11:30 p.m., local time, April 10, 2016, through December 31, 2016.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation81 FR 21481 
RIN Number0648-XE53

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