[Fishlink] ~~>FISHLINK SUBLEGALS 10/25/02<~~

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Fri, 1 Nov 2002 17:35:38 EST


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                     ~~>FISHLINK SUBLEGALS 10/25/02<~~
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       A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND
     LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES 
     AND THE PACIFIC COAST FEDERATION OF FISHERMEN'S
                                        ASSOCIATIONS

  VOL. 06, NO. 17                                       25 OCTOBER 2002
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"Politics is not about power.  Politics is not about winning for the 
sake of winning. Politics is about the improvement of people's lives."
         ...................................................Paul Wellstone
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IN THIS ISSUE.......

California Fish & Game Commission Approves of Plan 
For Channel Islands MPAs. 6:17/01  

Fran Ullmer Comes Out in Strong Opposition to Processor 
Quotas For Bering Sea Crab Fishery. 6:17/04

Klamath Fish Kill Now Estimated at 33,000; Thompson 
Introduces Legislation. 6:17/06, 6:17/07

Farmed Salmon Most Contaminated Food Sold in 
British Supermarkets.  6:17/11

Paul McCartney Endorses Oregon's Measure 27 to 
Label Genetically Engineered Foods. 6:17/13

AND MORE......
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     6:17/01. CALIFORNIA FISH & GAME COMMISSION
APPROVES CHANNEL ISLANDS MPAs: On 23 October the
California Fish & Game Commission, on a slim 2-1 vote, approved a
plan to close around 175 square miles surrounding the Channel Islands
to fishing - or approximately 24 percent of the fishing grounds - to create
a series of marine protected areas (MPAs) around the isles offshore
Southern California.  The decision made in Santa Barbara (see
Sublegals, 6:15/11), with two Commissioners absent, was to adopt the
Department of Fish & Game's "Preferred Alternative No. 1."  One
fishing industry proposal, submitted by Chris Miller and Harry
Liquornik, was similar to what the Commission adopted, but would not
have closed as extensive an area to fishing, provided for a more gradual
phase-in, and called for extensive monitoring to judge the effectiveness
of the MPA network.  The Commission's decision of the 23rd only
affects state waters; the adoption of the Federal waters portion will come
later. 

     Concern was raised from fishing groups that much of the water
around the Channel Islands was already restricted to fishing due to the
cow cod and groundfish closures. Environmentalists countered the
fishing closures were not the same as MPAs and should not be
considered.  While MPAs may be different than fishing closures, the
action by the Commission only affected fishing, but no other activities
that may impact on the marine ecosystem of the Channel Islands, such as
discharges, Navy sonar testing, personal watercraft (i.e., jet ski) use, or
the number of vessels carrying whale watchers and other forms of
"eco-tourism."  PCFFA had been particularly critical of the document
prepared for the selection of a Channel Islands MPA network, saying the
alternatives presented:

1. fail to adequately consider all factors affecting marine life and habitats
in the area and instead focus on one "extractive" activity - fishing;
2. fail to establish specific monitoring, research, or evaluation programs
needed for marine protected areas and, instead, just close areas to
fishing; and
3. fail to contain specific objectives and management measures
necessary to determine whether MPAs are achieving the objectives of
the program (the objective is not merely to "feel good").

     PCFFA and the Sea Urchin Harvester's Association also submitted a
list of recommendations to the Commission for whatever alternative was
selected, including protocols for monitoring and evaluation.  A copy of
PCFFA's letter is on the organization's website at: www.pcffa.org. The
Los Angeles Times article on the Commission action is at:
http://www.latimes.com/news/local/la-me-reserve24oct24.story. 
 
     6:17/02. NOAA ANNOUNCES NATIONAL MPA CENTER NOW
OFFICIAL: The National Oceanic & Atmospheric Administration
(NOAA), a Federal agency within the U.S. Department of Commerce,
has announced that the National Marine Protected Area Center
(NMPAC) is now officially part of the agency. Joe Uravitch is the new
Director of the Center at NOAA headquarters in Silver Spring,
Maryland. The NMPAC's Science Institute has opened a new Annex
office in Monterey, California.  According to the announcement, the
scientific work will be conducted at the National Marine Fisheries
Service (NMFS) Laboratory in Santa Cruz, California with researchers
from NMFS, the U.S. Geological Survey (USGS) and others, while the
"Monterey Annex staff will focus more on the other end of the MPA
spectrum: policy analysis, agency coordination, stakeholder engagement,
and grad/undergrad student education, much of which involves partner
institutions in Monterey."  The mailing address for the NMPAC's
Science Institute and its Monterey Annex are: NOAA National Marine
Fisheries Service Laboratory, 110 Shaffer Road, Santa Cruz, CA, 95060. 
Charlie Wahle will serve as director of the Science Institute and Annex,
and can be reached at: Charles.Wahle@noaa.gov.

     6:17/03. NO MAGNUSON REAUTHORIZATION THIS YEAR;
IFQS TO BE TAKEN UP IN LAME DUCK CONGRESSIONAL
SESSION:  The 107th U.S. Congress will not pass legislation to
reauthorize the Magnuson-Stevens Fishery Conservation & Management
Act, 16 USC 1801 et seq., leaving that up to the 108th Congress when it
takes office in January.  The current Congress is scheduled to reconvene
in a "lame duck" session following the 5 November elections to take up
a number of budget continuing resolutions.  It is also expected to take up
the issue of individual fishing quotas (IFQs), separate from
Magnuson-Stevens; the six-year moratorium on IFQs expired on 30
September.  The Congress may choose to simply let the moratorium
expire, extend it -- which is what PCFFA and a number of other fishing
and conservation groups are advocating -- or develop a set of national
standards governing the application of IFQs.  For a copy of PCFFA's 7
October letter to members of the West Coast Congressional Delegation
on this issue, go to the PCFFA website at: www.pcffa.org.  

     6:17/04. ULLMER OPPOSES PROCESSOR IFQs FOR ALASKAN
CRAB FISHERY:  Alaska Lieutenant Governor Fran Ullmer announced
she categorically opposes processor quotas for the Bering Sea crab
fishery.  Despite widespread opposition from crabbers and other Alaska
fishermen, processor quotas were adopted, as part of a "two-pie" Bering
Sea crab IFQ fishery, on 11 June by the North Pacific Fishery
Management Council (see Sublegals, 5:24/01).  Under the North Pacific
Council's plan, which could go into effect with the lifting of the national
moratorium on IFQs, current Bering Sea crab processors will be awarded
90 percent of the quota taken by fishermen.  According to a 24 October,
Anchorage Daily News article,  "Fran Ulmer said this week she is
opposed to granting seafood processors a guaranteed share of the catch
of crab and other species. Ulmer said she would push the North Pacific
Fishery Management Council to reverse its stand on processor shares in
the Bering Sea if she is elected governor. The idea has become too
divisive and upsets the traditional balance of power between fisherman
and fish buyer, she said......Ulmer's statement....distanced her from her
Republican rival in the race for governor. Frank Murkowski is inclined
against processor shares, an aide said Wednesday, but is willing to let the
North Pacific council continue to study the matter and finish its plan."
To see the Anchorage Daily News article, go to:
http://www.adn.com/alaska/story/2014176p-2115405c.html.
 
     6:17/05. CALIFORNIA FISH & GAME COMMISSION ADOPTS
INDUSTRY SUPPORTED 'THIRD OPTION' FOR DUNGENESS
TRAP ESCAPE PANELS:  At its meeting 25 October in Crescent City,
the California Fish & Game Commission approved language for the
interpretation of its regulation governing escape panels for Dungeness
crab traps.  The existing regulation calls for a minimum 5 inch diameter
unobstructed area at the top to the trap woven with biodegradable cotton
twine to prevent the trap  continuing to fish if it is lost.  The problem
was with the interpretation.  Initially, the Department of Fish & Game
(CDFG) interpreted the rule to mean no mesh (traps are hand-woven
using meshes of approximately 21/2 inches) could protrude into the
opening.  Language was arrived at that would allow a "v" shaped angle
of the mesh to protrude. That worked for many of the traps, but not all. 
PCFFA, along with the Fishermen's Marketing Association (trawlers),
proposed a third option, that actually allows for a larger opening in a
"W" shape with three portions of meshes protruding into the opening.

     The other method proposed by CDFG was to use cotton twine to
attach the tie-down on the trap lid. The problem with that is that once the
cotton deteriorated all of the crabs would fall out of the trap when it was
pulled.  PCFFA proposed an experiment placing traps using the method
proposed by the Department and that proposed by industry side-by-side
this season to determine if there were any difference in crabs and finfish
escape in the two designs.  The Commission placed a "sunset" on the
industry option for the end of the 2002-2003 crab season which could be
extended if the experiment proves the industry design is as effective as
that proposed by the Department, allowing escape of crab and finfish. 
For a copy of the language adopted, contact CDFG's Eric Larson at:
elarson@dfg.ca.gov. 

     6:17/06.  KLAMATH FISH KILL NUMBERS INCREASED TO
33,000 SALMON: California Department of Fish & Game (CDFG)
officials have updated estimates of September's massive salmon kill in
the Klamath River. Current estimates now conservatively peg the kill at
33,000, including about 600 federally protected coho salmon, with about
95 percent of the dead fish fall chinook. The update was announced at
the 24 October meeting of the Fish & Game Commission in Crescent
City, California. About 30 percent of the fish killed were hatchery fish,
with 70 percent wild. The majority were bound for the Trinity River,
since chinook stocks from that major Klamath tributary generally come
in first.  This amounts to a loss of nearly 58 percent of the total estimated
2002 Klamath River fall chinook "spawner escapement" of about
57,000, leaving only 24,000 available to spawn. Coho salmon are listed
as threatened under both the Federal and the California Endangered
Species Acts (ESA).

     The minimum floor for Klamath River fall chinook spawners
sufficient to replace a generation is considered to be 35,000, which
means there will likely not be sufficient fish left to spawn this year even
to replace this year-class.  Many of the fish left to spawn, furthermore,
have been severely weakened or infected, which will adversely affect the
fertility of their eggs. CDFG and Tribal biologists believe many more
eggs will be lost this winter, since the very low flows planned to be
released below Iron Gate Dam (at present about 879 cubic feet per
second (cfs) as compared to a 41-year mean of about 1700 cfs) will
likely mean spawners will once again be crowded into the middle of the
river, and will have to lay their eggs in the center channels where they
are more subject to scouring and siltation in winter storms (see
Sublegals, 6:16/01; 6:15/01; 6:14/01; 6:13/01; 6:12/07; 6:02/09;
5:23/08; 5:21/03; 5:20/09; 5:18/01; 5:17/02). For the most current
real-time flow data from Iron Gate Dam see:
http://waterdata.usgs.gov/ca/nwis/rt and click on "Iron Gate Dam."  To
see today's Associated Press article by Jeff Barnard that appeared in the
San Francisco Chronicle on the updated fish kill numbers, go to:
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2002/10/25
/state2055EDT0179.DTL.

      6:17/07. THOMPSON INTRODUCES BILL IN CONGRESS
AIMED AT RESOLVING KLAMATH PROBLEMS:  On 24 October,
U.S. Representative Mike Thompson (D-CA) introduced legislation in
the House, H.R. 5698, that for the first time attempts a comprehensive
solution to the problems of water over-appropriation and ecosystem
collapse in the entire Klamath Basin.  The bill would, among other
things, bring $200 million in broad-based and basin-wide ecosystem
restoration money to the beleaguered basin, merge the two current
competing federal advisory committees into one basin-wide advisory
committee to advise the Secretary of Interior on restoration, earmark $20
million in disaster relief funds to the lower river economy damaged by
the recent fish kill (see Sublegals 6:17/06 above), and require lower river
water flows to be maintained at levels that the best available science
indicates are needed for salmon recovery. 

     "It is time we work together to find workable solutions that take all
affected communities into consideration," Thompson said.  "This is a
comprehensive effort to help both the upper and lower basin
communities. Nobody wants to repeat the disasters we experienced this
year with the devastating lower basin fish kill which killed over 30,000
adult salmon, or the impacts the drought had on the producers in the
upper basin last year.  This bill encourages basin residents to conserve
water with financial incentives and bring all the parties together to find
feasible solutions for years to come."  A copy of Thompson's legislation
can be found, by bill number, at: http://thomas.loc.gov.                      
       

     6:17/08. SUIT FILED TO HALT WIDESPREAD USE OF
FISH-KILLING HERBICIDE ACROLEIN IN KLAMATH BASIN: 
Polluted water in the Klamath, in addition to low flows and high water
temperatures, has become an increasingly serious problem for fish and
wildlife species in the upper basin as well as for downriver salmon. On
21 October, a coalition of Oregon and California conservation and
fishing organizations (including PCFFA), concerned with deteriorating
Klamath Basin water quality, filed suit in U.S. District Court in Oregon
(Medford Division) asking for better monitoring and controls over the
use of the herbicide acrolein and several copper hydroxide-based
fungicides commonly used within the Klamath Irrigation Project. 

     Acrolein is one of the most toxic herbicides known, is highly toxic to
fish, and has been implicated in a number of past fish kills in Upper
Klamath and Tule Lake, located respectively in Southeastern Oregon and
Northeast California.  Typically, irrigation districts flood irrigation
canals with acrolein-laced water in the springtime, hold it in irrigation
canals for several days until it kills all vegetation, then flush the 
polluted
water directly into the lakes and river system of the Upper Klamath
Basin, where it has triggered an unknown number of fish kills in the
past. As many as 100 uses of this chemical occur each season in the
Klamath Irrigation Project, but with little or no monitoring of its
impacts, in spite of past Biological Opinions (BiOps) requiring better
monitoring and more stringent controls.  Acrolein is toxic to some fish
species at concentrations as little as one part per million, but applications
for purposes of de-vegetating irrigation canals can be at concentrations
of up to 15 parts per million.  Members of the class of copper
hydroxide-based fungicides are also highly toxic to downriver salmon
and upper basin lake fish species that are all now protected species under
the federal Endangered Species Act (ESA).  Alternatives exist for all
these chemicals that are far less toxic and far less likely to kill federally
protected fish.

     For more information on the lawsuit, go to:
http://www.onrc.org/press/041.copperhydrox.html.  For a fact sheet on
the problems identified by several federal agencies with the use of
acrolein, and excerpts from various reports on it, see:
http://www.onrc.org/lawsuits/acrolein/acroleinuse.html. The Oregonian
article on the lawsuit can be found at:
http://www.oregonlive.com/newsflash/regional/index.ssf?/cgi-free/getsto
ry_ssf.cgi?o0050_BC_OR--KlamathHerbicides&&news&newsflash-ore
gon.

     6:17/09. IDAHO AND MONTANA SEEKING LESS WATER FOR
COLUMBIA RIVER SALMON:  While Klamath river chinook are
reeling from the effects of lack of water, the states of Idaho and Montana
are proposing to the Northwest Power Planning Council that Columbia
river water (traditionally spilled through spillways to help flush juvenile
salmon smolts around turbines and out to the sea faster) also be cut back.
The two states are claiming there is no evidence that the additional water
sent over the spillways of the eight major Columbia River power dams
does any good.  Instead they want to maximize the amount of water sent
through the dams' turbines to generate power at the expense of the fish.

     The Columbia River has already lost a significant portion of its
historical flow, which has greatly affected its hydrology and allowed salt
water to intrude far into its estuary. Right now the National Marine
Fisheries Service (NMFS) enforces strict flow requirements in its
Biological Opinions (BiOps) that govern salmon restoration efforts in
the Columbia and Snake Rivers.  That ban also prevents withdrawal of
additional water out of the Columbia for irrigation or urban
development, ruling that to do so would jeopardize the existence of
threatened and endangered salmon and steelhead.  Washington and Idaho
irrigators and developers, however, strongly oppose any such limits and
have launched a full scale political attack on those withdrawal limits
over the years, as well as on the spill program itself, which has to be
annually approved.  A provision in the BiOp makes an exception for
"power emergencies," but the standard for what constitutes such an
emergency has never been specified.  During 2001, curtailment of the
spill program greatly increased the number of smolts killed in the river
or which did not make it out of the river into the estuary (see Sublegals
3:24/02; 3:20/04; 3:16/04; 3:15/10; 3:14/04; 3:11/04; 3:10/03). For more
information on this proposal see the 16 October Oregonian article at:
http://www.oregonlive.com/printer/printer.ssf?/xml/story.ssf/html_stand
ard.xsl?/base/news/1034769373173480.xml.                                      
        

     6:17/10. PROTEST FILED AGAINST PG&E OVER BUTTE
CREEK SPRING-RUN CHINOOK KILL:  The California Sportfishing
Protection Alliance (CSPA) has filed a formal complaint with the
Federal Regulatory Energy Commission (FERC) over the kill of 1,600
federally protected spring-run chinook salmon on Butte Creek against
Pacific Gas & Electric (PG&E) over the operation of the company's
hydroelectric facility on this tributary of the Sacramento River (see
Sublegals, 6:10/11).  Sacramento spring-run chinook are listed as
'threatened' under the Federal Endangered Species Act (ESA). The
complaint, filed on 14 October, alleges PG&E violated the ESA by
operating its hydroelectric plant in a manner that caused the illegal take
of listed spring-run chinook, and for failure to operate Project 803 in
conformance with the requirements of the Federal Clean Water Act.

     "By failing to release sufficient water of suitable temperature through
its project facilities to sustain the spawning run of salmon in Butte
Creek, the operation of Project 803 has resulted in the unnecessary death
of these protected salmon," said CSPA's Jerry Mensch. "Such actions
may affect future spring-run populations in Butte Creek which supports
one of the last viable natural spawning populations in the Sacramento
River system."  CSPA is asking FERC to investigate the fish kill, require
compliance of the project with the Clean Water Act through a new
"License Certification" mandating the project be operated so as not to
cause flows or temperatures that are adverse to salmon, as well as
requesting FERC require a project consultation with the National Marine
Fisheries Service (NMFS) under the provisions of the ESA, in addition
to assessing penalties. For more information on the complaint, contact
CSPA's John Beuttler at: jbeuttler@aol.com. 

     6:17/11. FARMED SALMON THE MOST TOXIC FOOD SOLD IN
BRITISH SUPERMARKETS: The Edinburgh Sunday Herald reported
on 20 October that a government study in the U.K. has found that
salmon from fish farms is the most contaminated food sold by British
supermarkets, beating out all other seafood as well as meats and
vegetables.  Every sample of farmed salmon tested in the study
contained at least three toxic chemicals.  In Scotland, home to a huge
fish farming industry, activist and angler Bruce Sandison said, "The only
way to save Scotland's remaining West Highlands and Islands wild 
salmon and sea-trout from extinction, caused by fish farm disease and
pollution, is to explain to consumers why they shouldn't buy fake fish in
their supermarkets."  To see the Sunday Herald article, go to:
http://www.sundayherald.com/28565. 

     Newsweek magazine meanwhile has also run an article over the
controversy regarding the nutritional values of wild versus farmed
salmon.  In its 28 October issue (pp.54-56), "The Great Salmon Debate,"
Newsweek reports that while physicians such as Nicholas Perricone and
Dean Ornish recommend salmon in the diet, critics are finding that the
farmed variety of salmon is "bad for the environment, bad for fishermen
- and bad for the people who eat the fish."  To see the article written by
Jerry Adler, go to: www.newsweek.msnbc.com.   

     6:17/12. ELEVATED LEVELS OF MERCURY FOUND IN
CALIFORNIANS WHO EAT LARGE AMOUNTS OF FISH;
ANOTHER STUDY FINDS FISH CONSUMPTION FIGHTS OFF
DEMENTIA:  Research, by a San Francisco internist who studied
Californians who ate large amounts of fish, has found that 89 percent of
those examined ended up with elevated levels of mercury in their bodies.
Associated Press reported on the findings by Dr. Jane Hightower
released 19 October at a Burlington, Vermont conference jointly
sponsored by the U.S. Environmental Protection Agency (EPA) and the
American Fisheries Society (AFS). Hightower's is one of the first studies
to document mercury levels in Americans who eat more fish than the
EPA recommends. The peer-reviewed study is slated for publication on I
November in the journal Environmental Health Perspectives. Too much
mercury damages the nervous system, especially in children and fetuses,
but scientists are not certain how much mercury-tainted fish is needed to
trigger health problems. 78 percent of the patients with high mercury
levels reported eating canned tuna more than three times a month; 74
percent ate salmon more than four times a month; and 72 percent said
they had swordfish more than once a month. Other fish commonly eaten
by the patients included halibut, ahi, sea bass and various types of sushi.  

     The U.S. Food & Drug Administration (FDA) recommends that
pregnant women and young children limit their fish intake to two
6-ounce cans of tuna per week if it's the only fish they eat, and to one can
per week if they also eat other fish. FDA says they should not eat any
swordfish, shark, king mackerel or tilefish. The study did not address
physical symptoms such as fatigue or memory loss associated with
mercury poisoning. Some patients did report such problems, but
Hightower's study did not seek to correlate symptoms with mercury
levels. "It is a thorny problem because of the widely recognized benefits
of fish, a high quality protein source loaded with heart-protecting Omega
3 fatty acids," said the AP report. 
"Conference participants didn't seem panicked about the findings: The
majority ordered salmon for dinner Saturday -- though salmon is
considered among the safest types of fish to eat."   To see the AP story,
go to: http://story.news.yahoo.com/news?tmpl=story&u=/ap/20021020/
ap_on_he_me/mercury_menace_5.

     Meanwhile, in a study of 1,674 elderly people living in France,
researchers from the University Victor Segalen in Bordeaux found the
incidence of dementia was a third lower among those who ate fish every
week. The study, published in a British medical journal, was reported on
25 October in an article by health editor Jeremy Laurance. The study
found, however, that those who ate fish were better educated and when
this was taken into account the link with dementia was slightly reduced.
Dementia tends to be more common in people of lower IQ who use their
brains less. The study's authors believe fatty acids in fish could reduce
brain inflammation and may have a role in brain development and nerve
cell regeneration. Fat has long been suspected of playing a role in
dementia by causing thickening of the blood vessels in the brain or clots
that block the tiny capillaries, damaging brain cells. Fish, which is high
in polyunsaturated fats, has been thought to have a protective effect on
the brain similar to that on the heart. Elderly people who ate fish or
shellfish at least once a week were significantly less likely to suffer
dementia, including Alzheimer's disease, than those who did not, but
eating meat neither increased nor decreased the risk. The finding echoes
U.S. research suggesting that a diet low in fat and high in anti-oxidants
found in green vegetables, fruit and whole grains, as well as fish, reduces
the risk of Alzheimer's disease.

     6:17/13. "NO GMO STRAWBERRY FIELDS FOREVER," 
"IMAGINE NO TRANSGENICS," OR "LET IT BE LABELED, LET IT
BE LABELED"- SIR PAUL ENDORSES OREGON'S MEASURE 27:
That's right, the former Beatle Paul McCartney has endorsed Oregon's
Measure 27 to require the labeling of genetically modified foods (GMO)
in that state (see Sublegals, 6:15/08; 6:05/03; 6:03/09; 5:26/02).
McCartney has even done 30 second radio spots for the 5 November
ballot measure that would make Oregon the first state in the nation
requiring the labeling of genetically engineered, or "transgenic" foods. 
"If it's labeled, then people have a choice as to what to buy,'' the former
Beatle says in the ad. "'Yes on 27,' so let it be labeled.''  The issue is of
concern to fishermen since the U.S. Food & Drug Administration is
considering an application to permit the use of transgenic Atlantic
salmon in commercial aquaculture operations. For more on the
McCartney endorsement of Measure 27, go to:
http://www.voteyeson27.com.  For an excellent overview of the
problems currently confronting agriculture from the introduction of
genetically modified crops, see "Sowing Disaster?" by Mark Shapiro in
the 28 October issue of The Nation (pp. 11-20) at:
http://www.thenation.com/doc.mhtml?i=20021028&s=schapiro.  

NEWS, COMMENTS, CORRECTIONS: Submit your news items,
comments or any corrections to Editor at: ifrfish@pacbell.net or call the
IFR/PCFFA office with the news and a source at either: (415) 561-FISH
(Southwest Office) or (541) 689-2000 (Northwest Office). 
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