81_FR_38223 81 FR 38110 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Extension of the 2016 Gulf of Mexico Private Angling Recreational Red Snapper Season

81 FR 38110 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Extension of the 2016 Gulf of Mexico Private Angling Recreational Red Snapper Season

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 113 (June 13, 2016)

Page Range38110-38111
FR Document2016-13909

NMFS extends the recreational fishing season for the private angling component for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS previously determined the private angling component would reach its annual catch target (ACT) for Gulf red snapper by 12:01 a.m., local time, June 10, 2016. However, due to recent severe weather conditions in the eastern Gulf, fishing opportunities were restricted during the recreational fishing season for the private angling component. NMFS has projected the private angling component will not reach its ACT by the current closure date. Therefore, NMFS is extending the recreational red snapper fishing season for the private angling component for 2 days to allow the ACT to be harvested. The intent of this action is to provide the recreational private angling component the opportunity to harvest its red snapper ACT, and the opportunity to achieve the optimum yield for the fishery, thus enhancing social and economic benefits to the fishery.

Federal Register, Volume 81 Issue 113 (Monday, June 13, 2016)
[Federal Register Volume 81, Number 113 (Monday, June 13, 2016)]
[Rules and Regulations]
[Pages 38110-38111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13909]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140818679-5356-02]
RIN 0648-XE674


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Extension of the 2016 Gulf of 
Mexico Private Angling Recreational Red Snapper Season

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

ACTION: Temporary rule; extension.

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SUMMARY: NMFS extends the recreational fishing season for the private 
angling component for red snapper in the exclusive economic zone (EEZ) 
of the Gulf of Mexico (Gulf) through this temporary rule. NMFS 
previously determined the private angling component would reach its 
annual catch target (ACT) for Gulf red snapper by 12:01 a.m., local 
time, June 10, 2016. However, due to recent severe weather conditions 
in the eastern Gulf, fishing opportunities were restricted during the 
recreational fishing season for the private angling component. NMFS has 
projected the private angling component will not reach its ACT by the 
current closure date. Therefore, NMFS is extending the recreational red 
snapper fishing season for the private angling component for 2 days to 
allow the ACT to be harvested. The intent of this action is to provide 
the recreational private angling component the opportunity to harvest 
its red snapper ACT, and the opportunity to achieve the optimum yield 
for the fishery, thus enhancing social and economic benefits to the 
fishery.

DATES: The extension is effective from 12:01 a.m., local time, June 10, 
2016, until 12:01 a.m., local time, June 12, 2016. The beginning of the 
2017 Federal recreational fishing season for the private angling 
component begins on June 1, 2017.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery includes red 
snapper and is managed under the Fishery Management Plan for the Reef 
Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management Council (Council) and is implemented 
by NMFS through regulations at 50 CFR part 622 under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    On April 28, 2016, NMFS announced in the Federal Register the 2016 
recreational fishing seasons for the private angling and Federal 
charter vessel/headboat (for-hire) components for red snapper in the 
Gulf EEZ (81 FR 25583, April 28, 2016). The Federal recreational 
seasons for red snapper in the Gulf began on June 1, 2016. Regulations 
at 50 CFR 622.41(q)(2)(i) require NMFS to close the respective 
recreational fishing seasons for Gulf red snapper in Federal waters 
when the respective recreational component ACT, specified in 50 CFR 
622.41(q)(2)(iii), is met or projected to be met. For recreational 
harvest by the private angling component, NMFS determined that the 
season would end at 12:01 a.m., local time, on June 10, 2016, which 
constituted a 9-day fishing season.
    Landings and effort data are not available in-season to determine 
if the recreational ACT for the private angling component will be met 
on June 9, 2016. However, the eastern Gulf experienced severe weather 
conditions from Tropical Storm Colin during the 2016 red snapper 
recreational fishing season and it is likely that fishing effort and 
landings for the private angling component are less than NMFS 
projected. The majority of red snapper recreational harvest in the Gulf 
comes from the eastern Gulf. Because of the assumed effort reduction as 
a result of severe weather, NMFS has determined that the recreational 
private angling component will not harvest its red snapper ACT by the 
previously estimated June 10, 2016, closing date. Based on the 
assumption that weather conditions will improve and recreational 
fishing effort will return to expected rates, NMFS projects the 
recreational red snapper season for the private angling component can 
be extended for an additional 2 days, and will therefore close at 12:01 
a.m., local time, on June 12, 2016.
    The Federal season for the Federal for-hire component began at 
12:01 a.m., local time, June 1, 2016, and will close at 12:01 a.m., 
local time, July 17, 2016 (81 FR 25583, April 28, 2016). The Federal 
recreational fishing season for the for-hire component will not be 
revised by NMFS as a result of the recent severe weather, because the 
comparatively longer component fishing season allows for greater 
flexibility in scheduling fishing trips and greater opportunity to 
harvest the component ACT.
    The 2017 Federal recreational fishing seasons for both private 
angling and for-hire components begin on June 1, 2017.
    On and after the effective date of a recreational component 
closure, the bag and possession limits for red snapper in the 
respective component are zero. When the Federal charter vessel/headboat 
component or entire recreational sector is closed, these bag and 
possession limits apply in the Gulf on board a vessel for which a valid 
Federal charter vessel/headboat permit for Gulf reef fish has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf red snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(c) and 622.41(q)(2)(i) and 
is exempt from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA), finds that the 
need to immediately implement this action to extend the season for the 
private angling component for the red snapper recreational sector 
constitute good cause to waive the requirements to provide prior notice 
and opportunity for public comment on this temporary rule pursuant to 
the authority set forth in 5 U.S.C. 553(b)(B), because such procedures 
are unnecessary and contrary to the public interest. Such procedures 
are unnecessary because the rule implementing the recreational red 
snapper ACLs and ACTs, and the rule

[[Page 38111]]

implementing the requirement to close the recreational components when 
the ACTs are projected to be reached have already been subject to 
notice and comment, and all that remains is to notify the public of the 
extension. Providing prior notice and opportunity for public comment 
are contrary to the public interest because of the need to immediately 
implement this action to allow for a limited extended season. Prior 
notice and opportunity for public comment would require time and would 
not allow for the extension of the season.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: June 8, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-13909 Filed 6-8-16; 4:15 pm]
BILLING CODE 3510-22-P



                                                38110               Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations

                                                Therefore, because the Commission                       recreational fishing season for the                    will therefore close at 12:01 a.m., local
                                                received no significant adverse                         private angling component begins on                    time, on June 12, 2016.
                                                comments, the amendments to 46 CFR                      June 1, 2017.                                             The Federal season for the Federal
                                                part 535 will become effective on June                  FOR FURTHER INFORMATION CONTACT:                       for-hire component began at 12:01 a.m.,
                                                13, 2016.                                               Steve Branstetter, NMFS Southeast                      local time, June 1, 2016, and will close
                                                  By the Commission.                                    Regional Office, telephone: 727–824–                   at 12:01 a.m., local time, July 17, 2016
                                                                                                        5305, email: steve.branstetter@noaa.gov.               (81 FR 25583, April 28, 2016). The
                                                Rachel E. Dickon,
                                                                                                        SUPPLEMENTARY INFORMATION: The Gulf
                                                                                                                                                               Federal recreational fishing season for
                                                Assistant Secretary.                                                                                           the for-hire component will not be
                                                [FR Doc. 2016–13889 Filed 6–10–16; 8:45 am]             reef fish fishery includes red snapper
                                                                                                                                                               revised by NMFS as a result of the
                                                                                                        and is managed under the Fishery
                                                BILLING CODE 6731–AA–P                                                                                         recent severe weather, because the
                                                                                                        Management Plan for the Reef Fish
                                                                                                                                                               comparatively longer component fishing
                                                                                                        Resources of the Gulf of Mexico (FMP).
                                                                                                                                                               season allows for greater flexibility in
                                                                                                        The FMP was prepared by the Gulf of
                                                DEPARTMENT OF COMMERCE                                                                                         scheduling fishing trips and greater
                                                                                                        Mexico Fishery Management Council
                                                                                                                                                               opportunity to harvest the component
                                                National Oceanic and Atmospheric                        (Council) and is implemented by NMFS
                                                                                                                                                               ACT.
                                                Administration                                          through regulations at 50 CFR part 622                    The 2017 Federal recreational fishing
                                                                                                        under the authority of the Magnuson-                   seasons for both private angling and for-
                                                50 CFR Part 622                                         Stevens Fishery Conservation and                       hire components begin on June 1, 2017.
                                                                                                        Management Act (Magnuson-Stevens                          On and after the effective date of a
                                                [Docket No. 140818679–5356–02]                          Act).                                                  recreational component closure, the bag
                                                RIN 0648–XE674
                                                                                                           On April 28, 2016, NMFS announced                   and possession limits for red snapper in
                                                                                                        in the Federal Register the 2016                       the respective component are zero.
                                                Fisheries of the Caribbean, Gulf of                     recreational fishing seasons for the                   When the Federal charter vessel/
                                                Mexico, and South Atlantic; Reef Fish                   private angling and Federal charter                    headboat component or entire
                                                Fishery of the Gulf of Mexico;                          vessel/headboat (for-hire) components                  recreational sector is closed, these bag
                                                Extension of the 2016 Gulf of Mexico                    for red snapper in the Gulf EEZ (81 FR                 and possession limits apply in the Gulf
                                                Private Angling Recreational Red                        25583, April 28, 2016). The Federal                    on board a vessel for which a valid
                                                Snapper Season                                          recreational seasons for red snapper in                Federal charter vessel/headboat permit
                                                                                                        the Gulf began on June 1, 2016.                        for Gulf reef fish has been issued,
                                                AGENCY:  National Marine Fisheries                      Regulations at 50 CFR 622.41(q)(2)(i)
                                                Service (NMFS), National Oceanic and                                                                           without regard to where such species
                                                                                                        require NMFS to close the respective                   were harvested, i.e., in state or Federal
                                                Atmospheric Administration (NOAA),                      recreational fishing seasons for Gulf red
                                                Commerce.                                                                                                      waters.
                                                                                                        snapper in Federal waters when the
                                                ACTION: Temporary rule; extension.                      respective recreational component ACT,                 Classification
                                                                                                        specified in 50 CFR 622.41(q)(2)(iii), is                The Regional Administrator for the
                                                SUMMARY:   NMFS extends the                             met or projected to be met. For                        NMFS Southeast Region has determined
                                                recreational fishing season for the                     recreational harvest by the private                    this temporary rule is necessary for the
                                                private angling component for red                       angling component, NMFS determined                     conservation and management of Gulf
                                                snapper in the exclusive economic zone                  that the season would end at 12:01 a.m.,               red snapper and is consistent with the
                                                (EEZ) of the Gulf of Mexico (Gulf)                      local time, on June 10, 2016, which                    Magnuson-Stevens Act and other
                                                through this temporary rule. NMFS                       constituted a 9-day fishing season.                    applicable laws.
                                                previously determined the private                          Landings and effort data are not                      This action is taken under 50 CFR
                                                angling component would reach its                       available in-season to determine if the                622.8(c) and 622.41(q)(2)(i) and is
                                                annual catch target (ACT) for Gulf red                  recreational ACT for the private angling               exempt from review under Executive
                                                snapper by 12:01 a.m., local time, June                 component will be met on June 9, 2016.                 Order 12866.
                                                10, 2016. However, due to recent severe                 However, the eastern Gulf experienced                    These measures are exempt from the
                                                weather conditions in the eastern Gulf,                 severe weather conditions from Tropical                procedures of the Regulatory Flexibility
                                                fishing opportunities were restricted                   Storm Colin during the 2016 red                        Act because the temporary rule is issued
                                                during the recreational fishing season                  snapper recreational fishing season and                without opportunity for prior notice and
                                                for the private angling component.                      it is likely that fishing effort and                   comment.
                                                NMFS has projected the private angling                  landings for the private angling                         This action responds to the best
                                                component will not reach its ACT by                     component are less than NMFS                           scientific information available. The
                                                the current closure date. Therefore,                    projected. The majority of red snapper                 Assistant Administrator for NOAA
                                                NMFS is extending the recreational red                  recreational harvest in the Gulf comes                 Fisheries (AA), finds that the need to
                                                snapper fishing season for the private                  from the eastern Gulf. Because of the                  immediately implement this action to
                                                angling component for 2 days to allow                   assumed effort reduction as a result of                extend the season for the private angling
                                                the ACT to be harvested. The intent of                  severe weather, NMFS has determined                    component for the red snapper
                                                this action is to provide the recreational              that the recreational private angling                  recreational sector constitute good cause
                                                private angling component the                           component will not harvest its red                     to waive the requirements to provide
                                                opportunity to harvest its red snapper                  snapper ACT by the previously                          prior notice and opportunity for public
                                                ACT, and the opportunity to achieve the                 estimated June 10, 2016, closing date.                 comment on this temporary rule
mstockstill on DSK3G9T082PROD with RULES




                                                optimum yield for the fishery, thus                     Based on the assumption that weather                   pursuant to the authority set forth in 5
                                                enhancing social and economic benefits                  conditions will improve and                            U.S.C. 553(b)(B), because such
                                                to the fishery.                                         recreational fishing effort will return to             procedures are unnecessary and
                                                DATES: The extension is effective from                  expected rates, NMFS projects the                      contrary to the public interest. Such
                                                12:01 a.m., local time, June 10, 2016,                  recreational red snapper season for the                procedures are unnecessary because the
                                                until 12:01 a.m., local time, June 12,                  private angling component can be                       rule implementing the recreational red
                                                2016. The beginning of the 2017 Federal                 extended for an additional 2 days, and                 snapper ACLs and ACTs, and the rule


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                                                                    Federal Register / Vol. 81, No. 113 / Monday, June 13, 2016 / Rules and Regulations                                               38111

                                                implementing the requirement to close                   the Regional Administrator to close a                  and the 30-day delayed effectiveness
                                                the recreational components when the                    common pool Trimester Total                            period because it would be
                                                ACTs are projected to be reached have                   Allowable Catch (TAC) Area for a stock                 impracticable and contrary to the public
                                                already been subject to notice and                      when 90 percent of the Trimester TAC                   interest.
                                                comment, and all that remains is to                     is projected to be caught. The closure                    The regulations require the Regional
                                                notify the public of the extension.                     applies to all common pool vessels                     Administrator to close a trimester TAC
                                                Providing prior notice and opportunity                  fishing with gear capable of catching                  area to the common pool fishery when
                                                for public comment are contrary to the                  that stock for the remainder of the                    90 percent of the Trimester TAC for a
                                                public interest because of the need to                  trimester.                                             stock has been caught. Updated catch
                                                immediately implement this action to                       As of May 31, 2016, the common pool                 information only recently became
                                                allow for a limited extended season.                    fishery caught approximately 62 percent                available indicating that the common
                                                Prior notice and opportunity for public                 of the Trimester 1 TAC (2.1 mt) for                    pool fishery has caught 90 percent of its
                                                comment would require time and would                    witch flounder. We project that 90                     Trimester 1 TAC for witch flounder as
                                                not allow for the extension of the                      percent of the Trimester 1 TAC will be                 of June 8, 2016. The time necessary to
                                                season.                                                 caught by June 8, 2016. The fishing year               provide for prior notice and comment,
                                                   For the aforementioned reasons, the                  2016 common pool sub-annual catch                      and a 30-day delay in effectiveness,
                                                AA also finds good cause to waive the                   limit (sub-ACL) for witch flounder is 8                prevents the immediate closure of the
                                                30-day delay in the effectiveness of this               mt.                                                    witch flounder Trimester 1 TAC Area.
                                                action under 5 U.S.C. 553(d)(3).                           Effective June 8, 2016, the witch                   This increases the likelihood that the
                                                   Authority: 16 U.S.C. 1801 et seq.                    flounder Trimester TAC Area is closed                  common pool fishery exceeds its quota
                                                                                                        for the remainder of Trimester 1,                      of witch flounder to the detriment of
                                                  Dated: June 8, 2016.
                                                                                                        through August 31, 2016, to all common                 this stock, which could undermine
                                                Alan D. Risenhoover,                                    pool vessels fishing with trawl gear. The              management objectives of the Northeast
                                                Director, Office of Sustainable Fisheries,              witch flounder Trimester TAC Area                      Multispecies Fishery Management Plan.
                                                National Marine Fisheries Service.                      consists of statistical areas 512, 513,                Additionally, an overage of the common
                                                [FR Doc. 2016–13909 Filed 6–8–16; 4:15 pm]              514, 515, 521, 522, and 525. The area                  pool quota could cause negative
                                                BILLING CODE 3510–22–P                                  reopens at the beginning of Trimester 2                economic impacts to the common pool
                                                                                                        on September 1, 2016.                                  fishery as a result of overage paybacks
                                                                                                           If a vessel declared its trip through the           in a future trimester or fishing year.
                                                DEPARTMENT OF COMMERCE                                  Vessel Monitoring System (VMS) or the
                                                                                                                                                                 Authority: 16 U.S.C. 1801 et seq.
                                                                                                        interactive voice response system, and
                                                National Oceanic and Atmospheric                                                                                 Dated: June 8, 2016.
                                                                                                        crossed the VMS demarcation line prior
                                                Administration                                                                                                 Alan D. Risenhoover,
                                                                                                        to June 8, 2016, it may complete its trip
                                                                                                        within the Trimester TAC Area.                         Director, Office of Sustainable Fisheries,
                                                50 CFR Part 648
                                                                                                           Any overage of the Trimester 1 or 2                 National Marine Fisheries Service.
                                                [Docket No. 151211999–6343–02]                          TACs must be deducted from the                         [FR Doc. 2016–13929 Filed 6–8–16; 4:15 pm]
                                                RIN 0648–XE670
                                                                                                        Trimester 3 TAC. If the common pool                    BILLING CODE 3510–22–P
                                                                                                        fishery exceeds its sub-ACL for the 2016
                                                Fisheries of the Northeastern United                    fishing year, the overage must be
                                                States; Northeast Multispecies                          deducted from the common pool’s sub-                   DEPARTMENT OF COMMERCE
                                                Fishery; Trimester Total Allowable                      ACL for fishing year 2017. Any
                                                Catch Area Closure for the Common                       uncaught portion of the Trimester 1 and                National Oceanic and Atmospheric
                                                Pool Fishery                                            Trimester 2 TACs is carried over into                  Administration
                                                                                                        the next trimester. However, any
                                                AGENCY:  National Marine Fisheries                      uncaught portion of the common pool’s                  50 CFR Part 679
                                                Service (NMFS), National Oceanic and                    sub-ACL may not be carried over into                   [Docket No. 150916863–6211–02]
                                                Atmospheric Administration (NOAA),                      the following fishing year.
                                                Commerce.                                                  Weekly quota monitoring reports for                 RIN 0648–XE669
                                                ACTION: Temporary rule; area closure.                   the common pool fishery are on our
                                                                                                                                                               Fisheries of the Exclusive Economic
                                                                                                        Web site at: http://
                                                SUMMARY:   This action closes the witch                                                                        Zone Off Alaska; Yellowfin Sole for
                                                                                                        www.greateratlantic.fisheries.noaa.gov/
                                                flounder Trimester Total Allowable                                                                             Vessels Participating in the BSAI Trawl
                                                                                                        ro/fso/MultiMonReports.htm. We will
                                                Catch Area to Northeast multispecies                                                                           Limited Access Fishery in the Bering
                                                                                                        continue to monitor common pool catch
                                                common pool vessels fishing with trawl                                                                         Sea and Aleutian Islands Management
                                                gear for the remainder of Trimester 1,                  through vessel trip reports, dealer-
                                                                                                                                                               Area
                                                through August 31, 2016. The closure is                 reported landings, VMS catch reports,
                                                                                                        and other available information and, if                AGENCY:  National Marine Fisheries
                                                required by regulation because the
                                                common pool fishery has caught 90                       necessary, we will make additional                     Service (NMFS), National Oceanic and
                                                percent of its Trimester 1 quota for                    adjustments to common pool                             Atmospheric Administration (NOAA),
                                                witch flounder. This closure is intended                management measures.                                   Commerce.
                                                to prevent an overage of the common                                                                            ACTION: Temporary rule; closure.
                                                                                                        Classification
                                                pool’s quota for this stock.                              This action is required by 50 CFR part               SUMMARY:   NMFS is prohibiting directed
mstockstill on DSK3G9T082PROD with RULES




                                                DATES: This action is effective June 8,                 648 and is exempt from review under                    fishing for yellowfin sole in the Bering
                                                2016, through August 31, 2016.                          Executive Order 12866.                                 Sea and Aleutian Islands management
                                                FOR FURTHER INFORMATION CONTACT: Liz                      The Assistant Administrator for                      area (BSAI) for vessels participating in
                                                Scheimer, Fishery Management                            Fisheries, NOAA, finds good cause                      the BSAI trawl limited access fishery.
                                                Specialist, (978) 281–9236.                             pursuant to 5 U.S.C. 553(b)(B) and 5                   This action is necessary to prevent
                                                SUPPLEMENTARY INFORMATION: Federal                      U.S.C. 553(d)(3) to waive prior notice                 exceeding the 2016 allocation of
                                                regulations at § 648.82(n)(2)(ii) require               and the opportunity for public comment                 yellowfin sole total allowable catch for


                                           VerDate Sep<11>2014   16:33 Jun 10, 2016   Jkt 238001   PO 00000   Frm 00051   Fmt 4700   Sfmt 4700   E:\FR\FM\13JNR1.SGM   13JNR1



Document Created: 2018-02-08 07:39:53
Document Modified: 2018-02-08 07:39:53
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; extension.
DatesThe extension is effective from 12:01 a.m., local time, June 10, 2016, until 12:01 a.m., local time, June 12, 2016. The beginning of the 2017 Federal recreational fishing season for the private angling component begins on June 1, 2017.
ContactSteve Branstetter, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 38110 
RIN Number0648-XE67

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