Legislature(1997 - 1998)

02/03/1997 03:30 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                        February 3, 1997                                       
                           3:30 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Rick Halford, Chairman                                                
 Senator Lyda Green, Vice Chairman                                             
 Senator Loren Leman                                                           
 Senator Bert Sharp                                                            
 Senator Robin Taylor                                                          
 Senator Georgianna Lincoln                                                    
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator John Torgerson                                                        
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR)                                 
 Relating to a new Alaska liquefied natural gas project.                       
  - MOVED CSHCR 1(WTR) FROM COMMITTEE                                          
                                                                               
 SENATE BILL NO. 7                                                             
 "An Act reducing certain resident sport fishing, hunting, and                 
 trapping license fees, increasing certain nonresident sport fishing           
 license and tag fees, and relating to nonresident sport fishing,              
 hunting, and trapping licenses; and providing for an effective                
 date."                                                                        
  - MOVED CSSB 7 FROM COMMITTEE                                                
                                                                               
 SENATE BILL NO. 8                                                             
 "An Act relating to the noise levels of airports and sport shooting           
 facilities."                                                                  
  - SCHEDULED, BUT NOT HEARD                                                   
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HCR 1 - No previous action to consider.                                       
                                                                               
 SB 7 - See Resources minutes 1/29/97.                                         
                                                                               
 SB 8 - See Senate Transportation Committee minutes dated 1/28/97.             
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Representative Ramona Barnes                                                  
 State Capitol Bldg.                                                           
 Juneau, AK 99811-1182                                                         
  POSITION STATEMENT:   Sponsor of HCR 1.                                      
                                                                               
 Mr. Jeff Lowenfels, President and CEO                                         
 Yukon Pacific Corp                                                            
 1049 W. 5th Ave.                                                              
 Anchorage, AK 99501                                                           
  POSITION STATEMENT:   Supported HCR 1.                                       
                                                                               
 Commissioner John Shively                                                     
 Department of Natural Resources                                               
 400 Willoughby                                                                
 Juneau, AK 99811-1724                                                         
  POSITION STATEMENT:   Supported HCR 1.                                       
                                                                               
 Mr. George Findling                                                           
 Government and Public Affairs Advisor                                         
 ARCO Alaska, Inc.                                                             
 P.O. Box 100360                                                               
 Anchorage, AK                                                                 
  POSITION STATEMENT:   Supported HCR 1.                                       
                                                                               
 Mr. Mark Bendersky, Commercial Manager                                        
 Gas Division                                                                  
 British Petroleum                                                             
 Anchorage, AK                                                                 
  POSITION STATEMENT:   Supported HCR 1.                                       
                                                                               
 Ms. Beverly Mentzer, Business Development Manager                             
 Exxon                                                                         
 P.O. Box 2180                                                                 
 Houston, TX                                                                   
  POSITION STATEMENT:   Supported HCR 1.                                       
                                                                               
 Senator Dave Donley                                                           
 State Capitol Bldg.                                                           
 Juneau, AK 99811-1182                                                         
  POSITION STATEMENT:   Sponsor of SB 7.                                       
                                                                               
 Mr. Kevin Delaney, Director                                                   
 Division of Sport Fish                                                        
 Department of Fish and Game                                                   
 333 Raspberry Rd.                                                             
 Anchorage, AK 99518-1579                                                      
   POSITION STATEMENT:                                                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 97-6, SIDE A                                                            
                                                                               
 Number 001                                                                    
       CS  HCR  1 NORTH SLOPE NATURAL GAS PROJECT(WTR)                      
                                                                              
  CHAIRMAN HALFORD  called the Senate Resources Committee meeting to           
 order at 3:30 p.m. and announced    CS  HCR 1  (WTR)  to be up for        
 consideration.                                                                
                                                                               
  REPRESENTATIVE RAMONA BARNES,  Sponsor, said CSHCR 1 urges the               
 establishment of a stable fiscal and regulatory environment in                
 order to provide the best opportunity for a new LNG project to be             
 economically viable and attractive.  She explained that to be                 
 viable, 14 million metric tons of gas must be sold per year and the           
 proposed project would transport and market the North Slope gas               
 resources in the Asian Far East Market.  It is believed there is an           
 opportunity in 2005 when demand in that market will rise enough to            
 accept the volume of gas which this project will provide.                     
                                                                               
 Alaska's huge volume of gas could be displaced from the market if             
 smaller more easily placed projects come on line first.                       
                                                                               
  SENATOR LEMAN  thanked her for the work in this area and he asked if         
 identification of the leaseholders of rights-of-way or holders of             
 permits could be included.  REPRESENTATIVE BARNES replied that this           
 resolution is directed to the holders of the gas of which the State           
 owns 12 1/2%.  The leaseholders spoken to in this bill are those              
 major producers and some minor one who hold the lease for the gas             
 in the Prudhoe Bay fields.  She thought it inappropriate to                   
 identify Yukon Pacific in this particular resolution, although they           
 support the bill, because they don't own a lease at Prudhoe Bay.              
                                                                               
 Number 123                                                                    
                                                                               
  SENATOR LEMAN  asked her to clarify why the terms North Slope and            
 Prudhoe Bay were used.  REPRESENTATIVE BARNES explained that                  
 Prudhoe Bay referred to all the fields in that area and included              
 the surrounding fields as well, like Pt. Thompson.                            
                                                                               
  SENATOR SHARP  stated in some of the meetings on this issue there            
 was focus on the advisability of State equity ownership in a                  
 pipeline and he thought that it was deliberately left as one of the           
 options for the Governor to study.  He thought that was covered in            
 lines 28 - 29 on page 4.  REPRESENTATIVE BARNES agreed with that              
 and added that all of the State's participation needed to be                  
 evaluated.                                                                    
                                                                               
  CHAIRMAN HALFORD  asked if other benchmarks could be used before the         
 year 2005.  He questioned by what date the contracts between the              
 parties were to be drawn up by the Governor and by what date were             
 they to be submitted to the legislature.  REPRESENTATIVE BARNES               
  replied that she intentionally did not put a date there, because             
 she didn't want to appear inflexible or unreasonable.  She restated           
 that she thought the year 2005 was important because of outside               
 competition and the support they receive when certain parties try             
 delaying tactics like wanting a new route opened up or                        
 technological requirements.                                                   
                                                                               
  SENATOR LINCOLN  said that Senator Murkowski and others had used the         
 date 2007 and she would like to see an earlier date because it                
 would be better for all Alaskans.  She asked how she defined 2005             
 as the magic date.  REPRESENTATIVE BARNES replied that the only               
 people who say 2010 are the oil producers.  No one in the                     
 marketplace has said that.  No one in foreign governments has said            
 that to her.  They have all said between 2005 and 2007.                       
                                                                               
 Number 279                                                                    
                                                                               
  JEFF LOWENFELS , President and CEO, Yukon Pacific Corporation, said          
 they hold permits to transport North Slope natural gas to tide                
 water at Valdez and hold an export license from the federal                   
 government to export 14 million metric tons of LNG over a 25 - 30             
 year period starting at a date the project begins.   He said they             
 support the resolution 100%.  He said it was important to move                
 quickly and that 2005 is a crucial date.  To suggest that it should           
 be later would be suicide as far as a gas project from Alaska is              
 concerned.                                                                    
                                                                               
  CHAIRMAN HALFORD  asked when they would actually have to start               
 construction in order to keep the 2005 date.  MR. LOWENFELS replied           
 that they had to start in about the next 18 months.  He said it               
 would be very difficult, but Yukon Pacific had done a tremendous              
 amount of advance planning.                                                   
                                                                               
  COMMISSIONER JOHN SHIVELY,  Department of Natural Resources, said            
 the administration has its own working group with the producers and           
 they have been working with Representative Barnes.  They think it             
 is an important step to reach an important goal.                              
                                                                               
  CHAIRMAN HALFORD  asked if he felt it was important to be in the             
 ground within 18 months in order to reach the 2005 goal.                      
 COMMISSIONER SHIVELY responded that he didn't think Mr. Lowenfels             
 meant that we had to be in the ground in 18 months, but that we had           
 to have letters of intent for purchase in 18 months.  We should be            
 in the ground between 2000 - 2002.  Mr. Lowenfels nodded agreement.           
                                                                               
  SENATOR LINCOLN  asked if 2005 was a realistic date that this                
 administration would also push for.  COMMISSIONER SHIVELY answered            
 that he didn't think they were as committed to the exact 2005 date            
 as Representative Barnes, although there is no question that a                
 market opportunity starts around then.  There is no question, also,           
 that the sooner we get to the market, the better off we are.                  
                                                                               
 Number 346                                                                    
                                                                               
  GEORGE FINDLING,  ARCO, supported HCR 1.  He said that expeditious           
 passage of this resolution will help advance the project.                     
                                                                               
  CHAIRMAN HALFORD  asked for the ownership breakdown on the gas               
 reserves.  REPRESENTATIVE BARNES replied 30, 30, 22.                          
                                                                               
  SENATOR LINCOLN  asked if 2005 was a realistic date for having the           
 gas line in place and into the market.  MR. FINDLING replied if you           
 project everything going well, he thought production wouldn't                 
 happen before 2007.  But he thought that 2005 was a good target               
 date.                                                                         
                                                                               
 Number 376                                                                    
                                                                               
  MARK BENDERSKY , BP, said the interim work done by Representative            
 Barnes was very thorough and comprehensive and they are in full               
 support of the Resolution.                                                    
                                                                               
  SENATOR LINCOLN  asked if he thought 2005 was a realistic date.  He          
 replied that 2005 is an excellent goal to work toward.  He said               
 there is a lot of competition for gas supply and it will be                   
 somewhat of a buyers market.  Their job would be to make sure                 
 Alaska's gas will be as high in the queue of supply projects as               
 possible.                                                                     
                                                                               
 Number 395                                                                    
                                                                               
  BEVERLY MENTZER,  Business Development Manager, Exxon, said she is           
 responsible for commercialization of the Alaska gas reserves.  She            
 emphasized that Exxon is very committed to commercializing Alaska's           
 gas reserves on the North Slope.  They are very supportive of this            
 resolution.  It is exactly what the project needs for it to move              
 forward at this point.                                                        
                                                                               
  SENATOR LINCOLN  asked what she thought about the 2005 date.  MS.            
 MENTZER replied that they agree with the statement that there is an           
 opportunity opening up in the marketplace beginning in 2005.  They            
 believe the opportunity continues to grow as there is economic                
 development in the far east.  In shooting for a date she thought              
 there were two things to remember.  One is that it's not currently            
 economically viable and we need to make it economically viable.               
 The work on fiscal terms and cost reductions will help that   and             
 continued growth in the market will help.  So they are not in total           
 control.  Two, the market will ultimately decide which projects go            
 forward and which are developed.  They are moving forward and they            
 accept that date as a target.                                                 
                                                                               
  SENATOR LINCOLN  asked what she defined as a start-up date.  MS.             
 MENTZER replied first gas down the pipeline.                                  
                                                                               
  SENATOR SHARP  asked if she agreed that the critical movement here           
 is to go forward and obtain the consumptive contracts for that                
 period of time as the window opens up as early as possible.  MS               
 MENTZER replied that it is critical because the purchasers also               
 have quite a bit of investment to make on their side of the ocean.            
 They need the long lead time, too.                                            
                                                                               
  SENATOR LEMAN  asked her about using Pt. Thompson in the earliest            
 stages as part of the ramp-up recognizing there is a cost to oil              
 left behind.  MS. MENTZER replied that they had not done a rigorous           
 relook at Pt. Thompson since August.  They have their estimates of            
 impact on oil recovery that are in the financial model that the               
 State currently uses and the economics of it are not significant to           
 the timing of the gas project.  They plan to reevaluate it in 1997            
 and will be getting a new estimate.  The key issue to them is if              
 Prudhoe Bay gas can't make the project economic now with all the              
 existing field infrastructure, if you take that same thing and                
 layer all the wells that need to be drilled at Pt. Thompson, you              
 are going in the wrong direction as far as trying to reduce cost.             
 She said they expect that the infrastructure they build would need            
 to support future gas sales from Pt. Thompson and other fields and            
 they are planning that into their design basis.                               
                                                                               
    SENATOR TAYLOR  noted that the Governor was being requested to do a        
 number of things, but was not getting a copy of the resolution.               
 REPRESENTATIVE BARNES responded that it does address the Governor             
 over and over again, and it is a House Concurrent Resolution which            
 means it is a message to the executive.                                       
                                                                               
 Number 512                                                                    
                                                                               
  SENATOR SHARP  moved to pass the CSHCR 1(WTR) from Committee with            
 individual recommendations.  There were no objections and it was so           
 ordered.                                                                      
  CHAIRMAN HALFORD  called an at-ease from 4:10 - 4:15 p.m.                    
        SB   7 HUNTING SPORT FISH TRAPPING FEES/LICENSES                      
                                                                              
 CHAIRMAN HALFORD  announced  SB 7  to be up for consideration.                
                                                                               
  SENATOR DONLEY,  Sponsor, said SB 7 is an attempt to bring our               
 sportfishing fees more in line with national averages, to create              
 some additional options in non-resident sportfish fees, and to no             
 longer offer a sportfish license for non-residents that's for an              
 entire year.  The primary reason behind that is because some people           
 are abusing our annual non-resident sportfish licenses.  It has               
 become somewhat of a serious problem in that a person can camp out            
 in Alaska throughout the fishing season and sport harvest fish and            
 then sell those fish when they go home.  This is not a wide-spread            
 problem, but was the subject of a series of newspaper reports                 
 regarding abuses on the Kenai Peninsula.                                      
                                                                               
 The longest license a non-resident could purchase under this                  
 legislation would be 14 days instead of the current annual license.           
 Additionally, it gives a slight cut to residents who chose to buy             
 combination hunting, fishing, and trapping licenses.  Current fee             
 structure offers no discount at all for a combination license.                
                                                                               
 Section 5 is a technical section which adds back something that was           
 deleted in another section.  He said the bill before the committee            
 has a provision that was requested by ADF&G that allows an                    
 intermediate license for people who had been here for six months,             
 but the Enforcement Division said it would be difficult to enforce.           
 So he has a CS that takes it out again.                                       
                                                                               
 Number 565                                                                    
                                                                               
  SENATOR TAYLOR  moved to adopt the CS to SB 7.  There were no                
 objections and it was so ordered.                                             
                                                                               
  SENATOR LINCOLN  asked regarding section 5 that if you buy a tag for         
 a bear and change your mind, can you go for a bison or something              
 else instead.  SENATOR DONELY replied that was right and that is              
 currently in law also.                                                        
                                                                               
  KEVIN DELANEY,  Director, Division of Sport Fish, said the fee               
 structure for licensing sport fishermen in Alaska has a history of            
 stability with the last significant change in 1992.                           
                                                                               
  TAPE 97-6, SIDE B                                                            
  Number 590                                                                   
                                                                               
 Licenses, particularly sales to non-residents, over the past decade           
 have increased steadily.  Money received from the sale of sport               
 fishing licenses is deposited into the State's Fish and Game                  
 account, a constitutionally dedicated fund, which can only be                 
 expended for projects that provide benefits primarily for sport               
 fishermen.                                                                    
                                                                               
 MR. DELANEY said that adopting of SB 7 would result in a                      
 substantially larger contribution to the State's Fish and Game fund           
 on an annual basis due specifically to the increase in the non-               
 resident sport fishing licenses and tags.  He cautioned that their            
 ability to model a market reaction to significant changes in sport            
 fish license fees is very limited.  Other states have increased               
 these fees and it has resulted in, at least, a temporary decrease             
 in total sales.  Non-resident fees comprise about 75% of the total            
 annual income from license sales across the State while non-                  
 resident sport fishing effort is only about 35% of the total angler           
 days expended in the State.                                                   
                                                                               
 Our sport fish program is unique because participation in the sport           
 fisheries in the State is paralleled with increased sales of                  
 licenses and also with increased federal aid funds that come into             
 the program.  There are excise taxes on fishing equipment that are            
 generated at the manufacturer level and parcelled out to the                  
 states, he explained.  That has allowed them to roughly keep pace             
 with the increases in participation.                                          
                                                                               
 Number 535                                                                    
                                                                               
  MR. DELANEY  said the Board of Fisheries has agreed to put out a             
 call for proposals to create seasonal limits for non-residents                
 across the State through their next cycle.  They have found that              
 for both residents and non-residents about 3% harvest about 20 -              
 25% of the total harvest of salmon and halibut.  A small segment of           
 both the resident and non-resident population takes large numbers             
 of fish.  The challenge is to affect the behavior of that 3% and              
 reduce their exploitation of fish and not create something that's             
 onerous to the other 97%.  Their recommendation (ADF&G and Fish and           
 Wildlife Protection) is to adopt seasonal limits which would create           
 a backdrop of regulation that would not affect the preponderance of           
 non-residents who come to Alaska to fish.  Another thing they have            
 done on a regulatory level since they last saw this issue is to add           
 intent to sell or barter sport fish to the prohibitive language.              
 Fish that are in transit, then, in commercial quantities would be             
 subject to this regulation.                                                   
                                                                               
 He said ADF&G has worked together with Fish and Wildlife Protection           
 and in the FY 98 Governor's budget, under Division of Sport Fish,             
 requests funding for an enforcement demonstration project.  This              
 will be the first time ever they have made Fish and Game funds                
 available through a contract RSA with Fish and Wildlife Enforcement           
 to work on specific sport fish issues that they jointly designate.            
 He said the very first place the enforcement officers will be                 
 utilized is on the Kenai Peninsula to look into the illegal sale of           
 sport caught sockeye salmon.                                                  
                                                                               
 MR. DELANEY said he could see little else that can be done in                 
 statute that can address this until they see the results of their             
 efforts.  They do think the addition of a seven-day license for               
 non-residents would be beneficial, but for the non-resident annual            
 license they suggest rather than eliminating it, to price it at               
 approximately two and a half times the 14-day license.  He said               
 that most of our fishing seasons for salmon are less than a month             
 long except for Southeast where it is a marine fishery.  He agreed            
 with Senator Donley that people who come up here and spend extended           
 periods of time participating in our sport fisheries get one heck             
 of a bargain.  He did not think they would be affected at all by              
 making an additional contribution.  He said two and a half times              
 works out to about $75.  This would also address the issue of the             
 new people who come to the State and intend to become residents and           
 a number who come up seasonally.                                              
                                                                               
  SENATOR LEMAN  asked Senator Donley if he considered raising the             
 one-day license fee which would still be a bargain for sport                  
 fishermen especially in light of the new information about Canada's           
 bag limits.                                                                   
                                                                               
 Number 478                                                                    
                                                                               
  CHAIRMAN HALFORD  announced at 4:37 p.m. that he was going to                
 another meeting and Vice Chairman Green would chair the meeting               
 now.  He added that he thought Senator Donley was going in the                
 right direction.                                                              
                                                                               
  SENATOR DONELY  said he thought if they were going to increase the           
 one-day fee, it might be a good idea to just eliminate it because             
 currently we charge only $15 for a three-day license and he                   
 proposes to raise that to $20 which is pretty insignificant to an             
 individual.                                                                   
                                                                               
  SENATOR LEMAN  asked how we compare with other states for one-day            
 licenses.   KAR  EN   BRAND , staff to Senator Donley, replied that th        
 found that every state has a different set-up and it was impossible           
 to make a comparison.  She said they had the same difficulty trying           
 to compare with Canada.                                                       
                                                                               
  SENATOR SHARP  said he thought it would be very difficult to enforce         
 a seasonal limit.  MR. BROOKS responded that nothing works without            
 enforcement on the ground.  However, he pointed out that 90% of the           
 people do go along with well-reasoned regulations.  Ones who aren't           
 inclined to do that are only going to respond to enforcement                  
 activities in the field.  He explained that they would furnish                
 people who are going to fish in fisheries subject to a seasonal               
 limit a harvest record card on which they are required to record              
 time, place, date, and species in ink immediately upon landing and            
 killing that fish. If they don't, they are subject to the fine.  He           
 said they have had relatively good luck with that regulation.  He             
 noted that it helps that most are short seasons of 10 days to three           
 weeks.                                                                        
                                                                               
  SENATOR TAYLOR  remarked that if the Board is seriously talking              
 about changing seasonal bag limits, he hoped they would call                  
 Deborah Lyons and Bob Penny and talk to them about it, because he             
 saw Ms. Lyons thrown of the Board of Fish for even bringing that              
 subject up on the Kenai River.  He personally doubted that the                
 Board would have the courage to do it, but hoped they would.                  
                                                                               
 He was concerned that they are attacking every non-resident coming            
 into the State for the bad acts of what may be a few.  He gave an             
 example of a son and wife coming up to visit their resident parents           
 and having to pay $240 for two weeks of fishing and maybe not being           
 able to fish most of those days because of bad weather.  He thought           
 we might be reaching a point in the economics of these things where           
 people say why are we wasting our time here where for $235 I can              
 get an airplane fare out of Seattle, three nights lodging in                  
 British Columbia, and I can catch four king salmon a day in British           
 Columbia, but only one in Southeast Alaska.                                   
                                                                               
  VICE CHAIRMAN GREEN  asked in the past did they get feedback from            
 visitor groups who were worried the fees would be a detriment to              
 visiting.  SENATOR DONELY replied that there was a limited amount             
 of that and there have been adjustments made in the non-resident              
 hunting where there was most concern.                                         
  SENATOR LINCOLN  asked if the Alaska Sports Fishing Association is           
 supporting this.  MS. BRAND replied yes.  SENATOR LINCOLN wanted              
 clarification on how the military would be treated as a resident or           
 non-resident.  SENATOR DONLEY replied that this does not change               
 treatment of the military which was an annual king salmon tag of              
 $20 with their annual license being less than the non-resident.               
                                                                               
 SENATOR LINCOLN asked what percentage of the fees we get now are              
 from the military versus the non-resident/non-military.  MR. BROOKS           
 said it was a fairly small percentage and he wasn't sure if they              
 were lumped in with the non-residents.                                        
                                                                               
 SENATOR LINCOLN wanted clarification on the fiscal notes.  The one            
 from Public Safety is $0 impact and yet the analysis says the bill            
 will impact the department's enforcement programs.  She also wanted           
 to know about the Division of Wildlife Conservation expecting                 
 $140,000 annual loss in revenues.  Her third concern was the                  
 Division of Sport Fisheries anticipating an increased revenue of              
 $1.5 million for the first year.  MR. BROOKS replied that the                 
 legislation proposes to reduce the combo licenses.  It's their                
 estimate that the $5 decrease in the combo license would result in            
 the loss from the Division of Wildlife.  The increase for Division            
 of Sport Fish is very difficult to quantify.                                  
                                                                               
 SENATOR LINCOLN said she didn't think that the proposed increases             
 were out of line.  About Senator Taylor's concern with buying a two           
 week license and not being able to use it because of bad weather              
 she thought wasn't that serious because if there was bad weather,             
 a person could buy a one day license for $10.                                 
                                                                               
  MR. BROOKS  said the original SB 7 makes a provision for a non-              
 resident who's been here the preceding six consecutive months and             
 maintained a permanent place of abode in the State to get a non-              
 resident license that's good for the remainder of the year.  The              
 reason for that was that they would have to spend some time to                
 research whether, in fact, people had been here six months.  They             
 don't anticipate any additional man power to do that, because they            
 will leave something else undone.                                             
                                                                               
 MR. BROOKS said other states that don't have the opportunities we             
 have, have made significant changes in their license fees.  The               
 results have been everything from very favorable to very                      
 unfavorable.  There is a lot at stake, but it is hard to project              
 the effects in the marketplace.  He is cautious because we have a             
 very good program today.                                                      
                                                                               
 Number 178                                                                    
                                                                               
  SENATOR SHARP  moved to pass CSSB 7 from committee with individual           
 recommendations with the new fiscal notes.  There were no                     
 objections and it was so ordered.                                             
 Number 161                                                                    
         SB   8 AIRPORT/SHOOTING FACILITY NOISE LEVELS                        
                                                                              
  VICE CHAIRMAN GREEN  said they would hold  SB 8  and adjourned the           
 meeting at 5:00 p.m.                                                          
                                                                               

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