National Oceanic and Atmospheric Administration August 2007 – Federal Register Recent Federal Regulation Documents
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Endangered and Threatened Species; Take of Anadromous Fish
Permits1564, 1565, 1566, and 1567 were issued on November 29, 2006; all other permits in this notice were issued on June 30, 2007. All the research actions and the species they affect are listed in the SUPPLEMENTARY INFORMATION section below.
Western Pacific Pelagic Fisheries, Hawaii-based Longline Swordfish Fishery; Scoping Process
The Western Pacific Fishery Management Council (WPFMC) and NMFS have announced their intent to prepare a Supplemental Environmental Impact Statement (SEIS) on the Federal management of the Hawaii-based shallow-set pelagic longline fishery in the western Pacific. This notice corrects the location of an additional opportunity for public involvement.
Fisheries of the Southeast Region; Overfishing Determination of South Atlantic Vermilion Snapper and South Atlantic Gag; Determination of South Atlantic Gag Approaching an Overfished Condition
This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has determined that South Atlantic gag is undergoing overfishing and is approaching an overfished condition and that South Atlantic vermilion snapper is also experiencing overfishing. NMFS notified the South Atlantic Fishery Management Council (Council) of its determination by letter. The Council is required to take action within 1 year following notification by NMFS that overfishing is occurring, a stock is approaching overfishing, a stock is overfished, a stock is approaching an overfished condition, or existing remedial action taken to end overfishing or rebuild an overfished stock has not resulted in adequate progress.
Marine Mammals; File No. 782-1708
Notice is hereby given that NMFS National Marine Mammal Laboratory, 7600 Sand Point Way NE, Bldg. 4, Seattle, WA 98115-0070 (Principal Investigator: Dr. John Bengtson), has requested a major amendment to scientific research Permit No. 782-1708.
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
NMFS has determined that the Atlantic tunas General category daily Atlantic bluefin tuna (BFT) retention limit should be adjusted for the September and October time period of the 2007 fishing year. The adjustment will allow for maximum utilization of the General category quota. Therefore, NMFS increases the daily BFT retention limits to provide enhanced commercial fishing opportunities without risking overharvest of the General category quota.
National Sea Grant Review Panel
This notice responds to Section 209 of the Sea Grant Program Improvement Act of 1976 (Pub. L. 94-461, 33 U.S.C. 1128), which requires the Secretary of Commerce to solicit nominations at least once a year for membership on the Sea Grant Review Panel. This advisory committee provides advice on the implementation of the National Sea Grant College Program.
Marine Mammals; File No. 774-1847-02
Notice is hereby given that NMFS Southwest Fisheries Science Center, Antarctic Marine Living Resources Program (Rennie Holt, Ph.D., Principal Investigator), 8604 La Jolla Shores Drive, La Jolla, CA 92037, has requested an amendment to scientific research Permit No. 774-1847-01.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/MPA/Ecosystem Committee, in September, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council (Council) and NMFS will hold a Coastal Pelagic Species (CPS) Stock Assessment Review (STAR) Panel workshop to review assessment methods for Pacific mackerel and Pacific Sardine.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council's (Council) Crab Plan Team will meet in Seattle, WA.
Fisheries of the Economic Exclusive Zone off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA), effective 2400 hrs, Alaska local time, September 1, 2007. This adjustment is necessary to allow a 12-hour fishery for species that comprise the shallow-water species fishery without exceeding the fourth seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA.
Atlantic Highly Migratory Species; Meeting of the Atlantic Highly Migratory Species Advisory Panel
NMFS will hold a 3-day Highly Migratory Species (HMS) Advisory Panel (AP) meeting in October 2007. The intent of the meeting is to consider options for the conservation and management of Atlantic HMS. This meeting will also double as a scoping meeting to consider options for updating HMS essential fish habitat (EFH). The meeting is open to the public.
Availability of Grant Funds for Fiscal Year 2008
NOAA publishes this notice to amend the agency's solicitation for applications published on July 2, 2007 in an action entitled ``Omnibus Notice Announcing the Availability of Grant Funds for Fiscal Year 2008''.
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska
NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the C season allowance of the 2007 total allowable catch (TAC) of pollock for Statistical Area 630 of the GOA.
South Atlantic Fishery Management Council; Public Meetings (Addendum)
In addition to the items noted in the earlier Notice for the September 17-21, 2007 meeting of the South Atlantic Fishery Management Council (Council), the full Council will also consider a control date for the commercial dolphin/wahoo sector and the Council will take action as appropriate.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for Connecticut
NMFS announces that the 2007 summer flounder commercial quota allocated to the State of Connecticut has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Connecticut for the remainder of calendar year 2007, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Connecticut that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Connecticut.
Pacific Fishery Management Council; Public Meetings
The Pacific Fishery Management Council (Council) and its advisory entities will hold public meetings.
Gulf of Mexico Fishery Management Council; Public Hearings
The Gulf of Mexico Fishery Management Council (Council) will convene Public Hearings on Reef Fish Amendment 30A and Scoping Amendment 29.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Council) Groundfish Allocation Committee (GAC) will hold a working meeting, which is open to the public.
Antarctic Marine Living Resources (AMLR); Centralized Vessel Monitoring System; Preapproval of Fresh Toothfish Imports; Customs Entry Number; Electronic Catch Documentation Scheme; Scientific Observers; Definitions; Seal Excluder Device; Information on Harvesting Vessels
NMFS issues a final rule implementing measures adopted by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) to facilitate conservation and management of AMLR. This final rule requires the use of the Centralized satellite-linked vessel monitoring system (VMS) by all U.S. vessels harvesting AMLR and makes use of VMS by the harvesting vessel a condition of import for all U.S. dealers seeking to import shipments of toothfish (Dissostichus) into the United States. This final rule also exempts all shipments of fresh toothfish from the NMFS preapproval process and allows importers of frozen toothfish to submit the U.S. Customs 7501 entry number subsequent to their initial application for preapproval. This final rule requires the use of Electronic Catch Documents for all U.S. dealers seeking to import shipments of toothfish into the United States. Paper-based catch documents for toothfish will no longer be accepted. This final rule also requires the use of a seal excluder device on krill vessels using trawl gear in the Area of the Convention for the Conservation of Antarctic Marine Living Resources (Convention Area). This final rule adds or amends definitions of ``Antarctic marine living resources'', ``export'', ``import'', ``international observer'', ``land or landing'', ``mobile transceiver unit'', ``national observer'', ``Office for Law Enforcement (OLE)'', ``Port State'', ``re- export'', ``seal excluder device'', ``transship or transshipment'', and ``vessel monitoring system (VMS)''. This final rule also expands the list of requirements and prohibitions regarding scientific observers and clarifies the duties and responsibilities of the observers on the vessels and of the vessel owners hosting the observers. This final rule identifies new information on all vessels licensed by CCAMLR Members to harvest AMLR in the area identified in the Convention on the Conservation of Antarctic Marine Living Resources (Convention). The intent of this rule is to incorporate new conservation measures, to revise procedures to facilitate enforcement, and to fulfill U.S. obligations in CCAMLR.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the South Atlantic States; Amendment 16; Correction
This document contains a correction to the NOI to prepare a DEIS for Amendment 16 to the Snapper-Grouper Fishery Management Plan of the South Atlantic Region, that was published in the Federal Register Wednesday, August 15, 2007.
Endangered and Threatened Species; Recovery Plans
The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) Recovery Plan (Recovery Plan) and 5-year review for the Hawaiian monk seal (Monachus schauinslandi). The Recovery Plan contains revisions and additions in consideration of public comments on the proposed draft Recovery Plan for the Hawaiian Monk Seal. This is the first 5-year review completed for the Hawaiian monk seal.
Proposed Information Collection; Comment Request; Certification Requirements for NOAA's Hydrographic Product Quality Assurance Program
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Marine Mammals; File No. 1128-1922
Notice is hereby given that Eduardo Mercado III, Ph.D, Department of Psychology, 350 Park Hall, University at Buffalo, SUNY, Buffalo, New York, 14260, has applied in due form for a permit to conduct research on humpback whales (Megaptera novaeangliae).
U.S. Climate Change Science Program Synthesis and Assessment Product Draft Report 3.3: “Weather and Climate Extremes in a Changing Climate. Regions of Focus: North America, Hawaii, Caribbean, and U.S. Pacific Islands”
The National Oceanic and Atmospheric Administration publishes this notice to announce the availability for public comments for the draft report titled, U.S. Climate Change Science Program Synthesis and Assessment Product 3.3: ``Weather and Climate Extremes in a Changing Climate. Regions of Focus: North America, Hawaii, Caribbean, and U.S. Pacific islands.'' This draft document is being released solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. After consideration of comments received on the draft Prospectus, the final Prospectus along with the comments received will be published on the CCSP web site.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Amendment 29 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico
NMFS, Southeast Region, in collaboration with the Gulf of Mexico Fishery Management Council (Council) intends to prepare a DEIS to describe and analyze management alternatives to be included in an amendment to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. These alternatives will consider measures to rationalize effort and reduce overcapacity in the commercial grouper fishery to achieve and maintain optimum yield in the multi-species grouper fishery. The purpose of this notice of intent is to solicit public comments on the scope of issues to be addressed in the DEIS.
Western Pacific Pelagic Fisheries, Hawaii-based Longline Swordfish Fishery; Scoping Process
The Western Pacific Fishery Management Council (WPFMC) and NMFS announce their intent to prepare a Supplemental Environmental Impact Statement (SEIS) in accordance with the National Environmental Policy Act of 1969 (NEPA) on the federal management of the Hawaii-based shallow-set pelagic longline fishery in the western Pacific. The SEIS will supplement the March 30, 2001, Final EIS on the Fishery Management Plan for Pelagic Fisheries of the Western Pacific Region as well as the March 5, 2004, Final SEIS on Management Measures to Implement New Technologies for the Western Pacific Longline Fisheries.
U.S. Climate Change Science Program Synthesis and Assessment Product Draft Report 4.4: “Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources”
The National Oceanic and Atmospheric Administration publishes this notice to announce the availability for public comments for the draft document titled, U.S. Climate Change Science Program Synthesis and Assessment Product 4.4: ``Preliminary Review of Adaptation Options for Climate-Sensitive Ecosystems and Resources.'' This Synthesis and Assessment Product (SAP) analyzes information on the state of knowledge of adaptation options for key, representative ecosystems and resources that may be sensitive to climate variability and change. This draft document is being released solely for the purpose of pre-dissemination peer review under applicable information quality guidelines. This document has not been formally disseminated by NOAA. It does not represent and should not be construed to represent any Agency policy or determination. Any public comments submitted in accordance with this notice will be considered when revising the document.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Region Standardized Bycatch Reporting Methodology Omnibus Amendment
NMFS proposes regulations to implement the Standardized Bycatch Reporting Methodology (SBRM) Omnibus Amendment (SBRM Amendment) to the Fishery Management Plans (FMPs) of the Northeast Region, developed by the Mid-Atlantic and New England Fishery Management Councils (Councils). The SBRM Amendment would establish an SBRM for all 13 Northeast Region FMPs, as required under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The proposed measures include: Bycatch reporting and monitoring mechanisms; analytical techniques and allocation of at-sea fisheries observers; an SBRM performance standard; a review and reporting process; framework adjustment and annual specifications provisions; a prioritization process; and provisions for industry-funded observers and observer set- aside programs.
Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for Massachusetts
NMFS announces that the 2007 summer flounder commercial quota allocated to the Commonwealth of Massachusetts has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in Massachusetts for the remainder of calendar year 2007, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise Massachusetts that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no commercial quota is available for landing summer flounder in Massachusetts.
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to the U.S. Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar
NMFS, upon application from the U.S. Navy, is issuing regulations to govern the unintentional taking of marine mammals incidental to Navy operation of the Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) Sonar. Issuance of regulations, and Letters of Authorization issued under these regulations, is required by the Marine Mammal Protection Act (MMPA) when the Secretary of Commerce (Secretary), after notice and opportunity for comment, finds, as here, that such takes will have a negligible impact on the affected species or stocks of marine mammals and will not have an unmitigable adverse impact on their availability for taking for subsistence uses. These regulations set forth the permissible methods of take and other means of effecting the least practicable adverse impact on the affected species or stocks of marine mammals and their habitat.
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Council)Model Evaluation Workgroup (MEW) will hold a work session by telephone conference, which is open to the public, to develop recommendations for the September 2007 Council meeting.
New England Fishery Management Council; Public Meeting
The New England Fishery Management Council's (Council) Multispecies (Groundfish) Committee will meet to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).
Pacific Fishery Management Council; Public Meeting
The Pacific Fishery Management Council's (Council) Salmon Advisory Subpanel (SAS) will hold a work session by telephone conference, which is open to the public, to develop recommendations for the September 2007 Council meeting.
North Pacific Fishery Management Council; Public Meeting
The North Pacific Fishery Management Council's (Council) Crab Committee will meet in Seattle, WA..
Availability of Recreational Diving, Oil and Gas Production, Education and Commercial Fishing (Alternate) Seats for the Flower Garden Banks National Marine Sanctuary Advisory Council
The Flower Garden Banks National Marine Sanctuary (FGBNMS or Sanctuary) is seeking applicants for the Recreational Diving, Oil and Gas Production, Education and Commercial Fishing (alternate), seat on its Sanctuary Advisory Council (Council). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Sanctuary. The Applicant chosen as a member should expect to serve a 2- year term, pursuant to the Council's Charter.
Availability of Seats for the Florida Keys National Marine Sanctuary Advisory Council
The Florida Keys National Marine Sanctuary (FKNMS) is seeking applications for the following vacant seats on its Sanctuary Advisory Council (council): Boating Industry (alternate), Citizen at Large Lower Keys (member), Citizen at LargeLower Keys (alternate), Conservation and Environment [1 of 2] (member), Conservation and Environment [2 of 2] (alternate), DivingLower Keys (member), Diving Lower Keys (alternate), DivingUpper Keys (member), Education and Outreach (member), FishingCharter Fishing Flats Guide (member), FishingCharter Fishing Flats Guide (alternate), FishingCommercial Marine/Tropical (member), FishingCommercialShell/Scale (alternate), Research and Monitoring (member), Submerged Cultural Resources (alternate), TourismLower Keys (member), TourismLower Keys (alternate), TourismUpper Keys (member), and TourismUpper Keys (alternate). Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; residency in the Sanctuary area; and philosophy regarding the protection and management of marine resources. Applicants who are chosen for seats normally serve three- year terms, pursuant to the Council's charter.
Marine Mammals; File No. 10028
Notice is hereby given that Mystic Aquarium, 55 Coogan Boulevard, Mystic, CT 06355 (Dr. Lisa Mazzaro, Principal Investigator), has applied in due form for a permit to obtain stranded, releasable pinnipeds (up to eight otariids and 20 phocids) from the National Marine Mammal Stranding Response Program for the purposes of public display.
Fisheries off West Coast States; Pacific Coast Groundfish Fishery; End of the Pacific Whiting Primary Season for the Catcher-processor, Mothership and Shore-based Sectors
NMFS announces the end of the 2007 Pacific Whiting (whiting) primary Season for the catcher-processor, mothership and shore-based sectors at 1800 local time (l.t.) July 26, 2007. This action is intended to minimize impacts on widow rockfish and to keep the harvest of widow rockfish, an overfished species, within its 2007 optimum yield (OY).
Marine Mammals; File No. 1121-1900
Notice is hereby given that NOAA Fisheries Office of Science and Technology (Principal Investigator: Dr. Brandon Southall), Silver Spring, MD, has been issued a permit to conduct research marine mammals.
Amendment to Final Guidelines for the Coastal and Estuarine Land Conservation Program
The National Oceanic and Atmospheric Administration, National Ocean Service publishes this notice to amend the Final Guidelines for the Coastal and Estuarine Land Conservation Program (CELCP). For those grants issued in fiscal years 2002 and 2004 only, and that have one or more project proposals submitted to NOAA, but not approved, as of August 17, 2007, the CELCP may extend the financial assistance award period. For grants issued in fiscal year 2002, they may be extended for up to 3 additional months, providing for a potential maximum award duration of five years and three months. For grants issued in fiscal year 2004, they may be extended for up to one additional year, providing for a potential maximum award duration of four years. This extension is intended solely to give the CELCP sufficient time to review and make a determination on the documentation supporting the project proposals that it has received but does not have time to complete before the awards' currently scheduled end date of September 30, 2007.
Publication of North American Datum of 1983 State Plane Coordinates in Feet in West Virginia
The National Geodetic Survey (NGS) will publish North American Datum of 1983 (NAD 83) State Plane Coordinate (SPC) grid values in both meters and U.S. Survey Feet (1 ft = 1200/3937 m) in West Virginia, for all well defined geodetic survey control monuments maintained by NGS in the National Spatial Reference System (NSRS) and computed from various geodetic positioning utilities. The adoption of this standard is implemented in accordance with NGS policy and a request from the West Virginia Department of Transportation, the West Virginia Society of Professional Surveyors, the West Virginia GIS Coordinator, and the West Virginia Association of Geospatial Professionals.
Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery in Areas 542 and 543
NMFS is notifying the owners and operators of registered vessels of their assignments for the 2007 B season Atka mackerel fishery in harvest limit area (HLA) 542 and/or 543 of the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the harvest of the 2007 B season HLA limits established for area 542 and area 543 pursuant to the 2007 and 2008 harvest specifications for groundfish in the BSAI.
Incidental Takes of Marine Mammals During Specified Activities; Seismic Testing and Calibration in the Northern Gulf of Mexico
In accordance with the Marine Mammal Protection Act (MMPA) regulations, notification is hereby given that NMFS has issued an Incidental Harassment Authorization (IHA) to the Lamont-Doherty Earth Observatory (L-DEO) to take small numbers of marine mammals, by Level B Harassment only, incidental to conducting an acoustic calibration and seismic testing program in the northern Gulf of Mexico.
Small Takes of Marine Mammals Incidental to Specified Activities; Movement of Barges Through the Beaufort Sea Between West Dock and Cape Simpson or Point Lonely, Alaska
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by harassment, incidental to conducting a barging operation within the U.S. Beaufort Sea has been issued to FEX L.P. (FEX) for a period of 1 year.
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the South Atlantic States; Amendment 16
The South Atlantic Fishery Management Council (Council) intends to prepare a DEIS to assess the impacts on the natural and human environment of the management measures proposed in its draft Amendment 16 to the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP).
Notice of Public Meeting
The Advisory Committee on Commercial Remote Sensing (ACCRES) will meet September 20, 2007. Date and Time: The meeting is scheduled as follows: September 20, 2007, 9 a.m.-4 p.m. The first part of this meeting will be closed to the public. The public portion of the meeting will begin at 1:30 p.m.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the third seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.
Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the third seasonal apportionment of the 2007 Pacific halibut bycatch allowance specified for the shallow-water species fishery in the GOA.
Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Commercial Period 1 Quota Harvested
NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the semi-annual quota period, May 1, 2007 - October 31, 2007, has been harvested. Therefore, effective 0001 hours, August 14, 2007, federally permitted commercial vessels may not fish for, possess, transfer, or land spiny dogfish until November 1, 2007, when the Period 2 quota becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 1 quota and to allow for effective management of this stock.
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