82 FR 12750 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12750-12752 | |
| FR Document | 2017-04435 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Rules and Regulations] [Pages 12750-12752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04435] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF262 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. ----------------------------------------------------------------------- SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock and the Community Development Quota directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2017 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 2017, until 2400 hrs, A.l.t., December 31, 2017. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. In the Aleutian Islands subarea, the portion of the 2017 pollock total allowable catch (TAC) allocated to the Aleut Corporation's is 14,700 metric tons (mt) and the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). As of March 1, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 9,000 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 9,000 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2017 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. The remaining 9,000 mt of pollock is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2017 pollock incidental catch allowance remains at 47,210 mt. As a result, the harvest specifications for pollock in the [[Page 12751]] Aleutian Islands subarea included in the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) are revised as follows: 5,700 mt to Aleut Corporation's DFA and 0 mt to CDQ DFA pollock. Furthermore, pursuant to Sec. 679.20(a)(5), Table 4 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) is revised to make 2017 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2017 Aleut Corporation and CDQ pollock allocations established at Sec. 679.20(a)(5). Table 4--Final 2017 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\ [Amounts are in metric tons] ---------------------------------------------------------------------------------------------------------------- 2017 A season \1\ 2017 B season 2017 -------------------------------- \1\ Area and sector Allocations SCA harvest --------------- A season DFA limit \2\ B season DFA ---------------------------------------------------------------------------------------------------------------- Bering Sea subarea TAC \1\...................... 1,355,900 n/a n/a n/a CDQ DFA......................................... 136,400 61,380 38,192 75,020 ICA \1\......................................... 47,210 n/a n/a n/a Total Bering Sea non-CDQ DFA.................... 1,172,291 527,531 328,241 644,760 AFA Inshore..................................... 586,145 263,765 164,121 322,380 AFA Catcher/Processors \3\...................... 468,916 211,012 131,297 257,904 Catch by C/Ps............................... 429,058 193,076 n/a 235,982 Catch by CVs \3\............................ 39,858 17,936 n/a 21,922 Unlisted C/P Limit \4\...................... 2,345 1,055 n/a 1,290 AFA Motherships................................. 117,229 52,753 32,824 64,476 Excessive Harvesting Limit \5\.................. 205,151 n/a n/a n/a Excessive Processing Limit \6\.................. 351,687 n/a n/a n/a Aleutian Islands subarea ABC.................... 36,061 n/a n/a n/a Aleutian Islands subarea TAC \1\................ 8,100 n/a n/a n/a CDQ DFA......................................... 0 0 n/a 0 ICA............................................. 2,400 1,200 n/a 1,200 Aleut Corporation............................... 5,700 5,700 n/a 0 Area harvest limit \7\ 541......................................... 10,818 n/a n/a n/a 542......................................... 5,409 n/a n/a n/a 543......................................... 1,803 n/a n/a n/a Bogoslof District ICA \8\....................... 500 n/a n/a n/a ---------------------------------------------------------------------------------------------------------------- \1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/ processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i)-(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. \2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. \3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/ processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/ processors. \4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock. \5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. \6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. \7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. \8\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding. Classification This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Aleutians Islands pollock. Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea and Aleutian Islands subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 1, 2017. The AA also finds good cause to waive the 30-day delay in the effective [[Page 12752]] date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by Sec. 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 2, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-04435 Filed 3-6-17; 8:45 am] BILLING CODE 3510-22-P
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submitted voluntarily by the sender will opportunity for public comment SUMMARY: NMFS is reallocating the
be publicly accessible. NMFS will pursuant to the authority set forth at 5 projected unused amounts of the Aleut
accept anonymous comments (enter ‘‘N/ U.S.C. 553(b)(B) as such requirement is Corporation’s pollock and the
A’’ in the required fields if you wish to impracticable and contrary to the public Community Development Quota
remain anonymous). interest. This requirement is directed fishing allowance from the
FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public Aleutian Islands subarea to the Bering
Obren Davis, 907–586–7228. interest as it would prevent NMFS from Sea subarea directed fisheries. These
SUPPLEMENTARY INFORMATION: NMFS responding to the most recent fisheries actions are necessary to provide
manages the groundfish fishery in the data in a timely fashion and would opportunity for harvest of the 2017 total
GOA exclusive economic zone delay the opening of directed fishing for allowable catch of pollock, consistent
according to the Fishery Management Pacific cod by catcher/processors using with the goals and objectives of the
Plan for Groundfish of the Gulf of trawl gear in the Western Regulatory Fishery Management Plan for
Alaska (FMP) prepared by the North Area of the GOA. NMFS was unable to Groundfish of the Bering Sea and
Pacific Fishery Management Council publish a notice providing time for Aleutian Islands Management Area.
under authority of the Magnuson- public comment because the most DATES: Effective 1200 hrs, Alaska local
Stevens Fishery Conservation and recent, relevant data only became time (A.l.t.), March 7, 2017, until 2400
Management Act. Regulations governing available as of March 1, 2017. hrs, A.l.t., December 31, 2017.
fishing by U.S. vessels in accordance The AA also finds good cause to FOR FURTHER INFORMATION CONTACT:
with the FMP appear at subpart H of 50 waive the 30-day delay in the effective Steve Whitney, 907–586–7228.
CFR part 600 and 50 CFR part 679. date of this action under 5 U.S.C. SUPPLEMENTARY INFORMATION: NMFS
Regulations governing sideboard 553(d)(3). This finding is based upon manages the groundfish fishery in the
protections for GOA groundfish the reasons provided above for waiver of BSAI exclusive economic zone
fisheries appear at subpart B of 50 CFR prior notice and opportunity for public according to the Fishery Management
part 680. comment. Plan for Groundfish of the Bering Sea
NMFS closed directed fishing for Without this inseason adjustment, and Aleutian Islands Management Area
Pacific cod by catcher/processors using NMFS could not allow the fishery for (FMP) prepared by the North Pacific
trawl gear in the Western Regulatory Pacific cod by catcher/processors using Fishery Management Council (Council)
Area of the GOA under trawl gear in the Western Regulatory under authority of the Magnuson-
§ 679.20(d)(1)(iii) on January 1, 2017 Area of the GOA to be harvested in an Stevens Fishery Conservation and
pursuant to the final 2017 and 2018 expedient manner and in accordance Management Act. Regulations governing
harvest specifications for groundfish of with the regulatory schedule. Under fishing by U.S. vessels in accordance
the Gulf of Alaska (82 FR 12032, § 679.25(c)(2), interested persons are with the FMP appear at subpart H of 50
February 27, 2017). invited to submit written comments on CFR part 600 and 50 CFR part 679.
NMFS has determined that as of this action to the above address until In the Aleutian Islands subarea, the
March 1, 2017, approximately 200 March 17, 2017. portion of the 2017 pollock total
metric tons of Pacific cod remain in the This action is required by § 679.25 allowable catch (TAC) allocated to the
A season allowance of the 2017 Pacific and is exempt from review under Aleut Corporation’s is 14,700 metric
cod apportionment for catcher/ Executive Order 12866. tons (mt) and the Community
processors using trawl gear in the Authority: 16 U.S.C. 1801 et seq. Development Quota (CDQ) directed
Western Regulatory Area of the GOA. Dated: March 2, 2017. fishing allowance (DFA) is 1,900 mt as
Therefore, in accordance with Karen H. Abrams,
established by the final 2017 and 2018
§ 679.25(a)(1)(i), (a)(2)(i)(C), and harvest specifications for groundfish in
Acting Deputy Director, Office of Sustainable
(a)(2)(iii)(D), and to fully use the 2017 Fisheries, National Marine Fisheries Service.
the BSAI (82 FR 11826, February 27,
total allowable catch (TAC) of Pacific 2017).
[FR Doc. 2017–04446 Filed 3–2–17; 4:15 pm]
cod in the Western Regulatory Area of As of March 1, 2017, the
BILLING CODE 3510–22–P Administrator, Alaska Region, NMFS,
the GOA, NMFS is terminating the
previous closure and is opening (Regional Administrator) has
directed fishing for Pacific cod by determined that 9,000 mt of Aleut
DEPARTMENT OF COMMERCE
catcher/processors using trawl gear in Corporation’s DFA and 1,900 mt of
the Western Regulatory Area of the National Oceanic and Atmospheric pollock CDQ DFA in the Aleutian
GOA. The Administrator, Alaska Administration Islands subarea will not be harvested.
Region, NMFS, (Regional Administrator) Therefore, in accordance with
considered the following factors in 50 CFR Part 679 § 679.20(a)(5)(iii)(B)(4), NMFS
reaching this decision: (1) The current reallocates 9,000 mt of Aleut
catch of Pacific cod by catcher/ [Docket No. 161020985–7181–02] Corporation’s DFA and 1,900 mt of
processors using trawl gear in the pollock CDQ DFA from the Aleutian
Western Regulatory Area of the GOA RIN 0648–XF262 Islands subarea to the 2017 Bering Sea
and, (2) the harvest capacity and stated subarea allocations. The 1,900 mt of
intent on future harvesting patterns of Fisheries of the Exclusive Economic pollock CDQ DFA is added to the 2017
vessels in participating in this fishery. Zone Off Alaska; Reallocation of Bering Sea CDQ DFA. The remaining
Pollock in the Bering Sea and Aleutian 9,000 mt of pollock is apportioned to
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Classification Islands the AFA Inshore sector (50 percent),
This action responds to the best AGENCY: National Marine Fisheries AFA catcher/processor sector (40
available information recently obtained Service (NMFS), National Oceanic and percent), and the AFA mothership
from the fishery. The Acting Assistant Atmospheric Administration (NOAA), sector (10 percent). The 2017 pollock
Administrator for Fisheries, NOAA Commerce. incidental catch allowance remains at
(AA), finds good cause to waive the 47,210 mt. As a result, the harvest
ACTION: Temporary rule.
requirement to provide prior notice and specifications for pollock in the
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![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations 12751
Aleutian Islands subarea included in the DFA pollock. Furthermore, pursuant to this reallocation. This reallocation
final 2017 and 2018 harvest § 679.20(a)(5), Table 4 of the final 2017 results in adjustments to the 2017 Aleut
specifications for groundfish in the and 2018 harvest specifications for Corporation and CDQ pollock
BSAI (82 FR 11826, February 27, 2017) groundfish in the BSAI (82 FR 11826, allocations established at § 679.20(a)(5).
are revised as follows: 5,700 mt to Aleut February 27, 2017) is revised to make
Corporation’s DFA and 0 mt to CDQ 2017 pollock allocations consistent with
TABLE 4—FINAL 2017 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2017 A season 1 2017 B
2017 season 1
Area and sector Allocations SCA harvest
A season DFA limit 2 B season DFA
Bering Sea subarea TAC 1 .............................................................................. 1,355,900 n/a n/a n/a
CDQ DFA ......................................................................................................... 136,400 61,380 38,192 75,020
ICA 1 ................................................................................................................. 47,210 n/a n/a n/a
Total Bering Sea non-CDQ DFA ..................................................................... 1,172,291 527,531 328,241 644,760
AFA Inshore ..................................................................................................... 586,145 263,765 164,121 322,380
AFA Catcher/Processors 3 ............................................................................... 468,916 211,012 131,297 257,904
Catch by C/Ps .......................................................................................... 429,058 193,076 n/a 235,982
Catch by CVs 3 ......................................................................................... 39,858 17,936 n/a 21,922
Unlisted C/P Limit 4 ................................................................................... 2,345 1,055 n/a 1,290
AFA Motherships ............................................................................................. 117,229 52,753 32,824 64,476
Excessive Harvesting Limit 5 ............................................................................ 205,151 n/a n/a n/a
Excessive Processing Limit 6 ........................................................................... 351,687 n/a n/a n/a
Aleutian Islands subarea ABC ......................................................................... 36,061 n/a n/a n/a
Aleutian Islands subarea TAC 1 ....................................................................... 8,100 n/a n/a n/a
CDQ DFA ......................................................................................................... 0 0 n/a 0
ICA ................................................................................................................... 2,400 1,200 n/a 1,200
Aleut Corporation ............................................................................................. 5,700 5,700 n/a 0
Area harvest limit 7
541 ............................................................................................................ 10,818 n/a n/a n/a
542 ............................................................................................................ 5,409 n/a n/a n/a
543 ............................................................................................................ 1,803 n/a n/a n/a
Bogoslof District ICA 8 ...................................................................................... 500 n/a n/a n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is al-
located as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the
Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B
season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)–(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery.
In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remain-
der of the pollock directed fishery.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Classification impracticable and contrary to the public fishery; allow the industry to plan for
interest as it would prevent NMFS from the fishing season and avoid potential
This action responds to the best responding to the most recent fisheries disruption to the fishing fleet as well as
available information recently obtained data in a timely fashion and would processors; and provide opportunity to
from the fishery. The Acting Assistant delay the reallocation of Aleutians harvest increased seasonal pollock
Administrator for Fisheries, NOAA Islands pollock. Since the pollock allocations while value is optimum.
jstallworth on DSK7TPTVN1PROD with RULES
(AA), finds good cause to waive the fishery is currently open, it is important NMFS was unable to publish a notice
requirement to provide prior notice and to immediately inform the industry as to providing time for public comment
opportunity for public comment the final Bering Sea subarea and because the most recent, relevant data
pursuant to the authority set forth at 5 Aleutian Islands subarea pollock only became available as of March 1,
U.S.C. 553(b)(B) as such requirement is allocations. Immediate notification is 2017.
impracticable and contrary to the public necessary to allow for the orderly The AA also finds good cause to
interest. This requirement is conduct and efficient operation of this waive the 30-day delay in the effective
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![12752 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Rules and Regulations
date of this action under 5 U.S.C. This action is required by § 679.20 Dated: March 2, 2017.
553(d)(3). This finding is based upon and is exempt from review under Karen H. Abrams,
the reasons provided above for waiver of Executive Order 12866. Acting Deputy Director, Office of Sustainable
prior notice and opportunity for public Fisheries, National Marine Fisheries Service.
Authority: 16 U.S.C. 1801 et seq.
comment. [FR Doc. 2017–04435 Filed 3–6–17; 8:45 am]
BILLING CODE 3510–22–P
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Document Created: 2018-02-01 14:48:44
Document Modified: 2018-02-01 14:48:44
| 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 | Rules and Regulations | |
| Action | Temporary rule. | |
| Dates | Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 2017, until 2400 hrs, A.l.t., December 31, 2017. | |
| Contact | Steve Whitney, 907-586-7228. | |
| FR Citation | 82 FR 12750 | |
| RIN Number | 0648-XF26 |
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