Legislature(2007 - 2008)BUTROVICH 205

05/09/2007 04:00 PM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 186 SPORT FISHING GUIDE RECORDS TELECONFERENCED
Moved CSHB 186(FSH) Out of Committee
-- Testimony <Time Limit May be Set> --
+ HB 176 CREATE FORT ROUSSEAU CAUSEWAY PARK TELECONFERENCED
Heard & Held
-- Testimony <Time Limit May be Set> --
+ HB 165 BIG GAME GUIDES AND TRANSPORTERS TELECONFERENCED
Heard & Held
-- Testimony <Time Limit May be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                          May 9, 2007                                                                                           
                           4:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Charlie Huggins, Chair                                                                                                  
Senator Gary Stevens                                                                                                            
Senator Lesil McGuire                                                                                                           
Senator Thomas Wagoner                                                                                                          
Senator Lyda Green                                                                                                              
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman, Vice Chair                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 186(FSH)                                                                                                  
"An Act relating to sharing with certain federal agencies                                                                       
records required of sport fishing guides; and providing for an                                                                  
effective date."                                                                                                                
     MOVED CSHB 186(FSH) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 176(RES)                                                                                                  
"An Act creating the Fort Rousseau Causeway State Historical                                                                    
Park."                                                                                                                          
     HEARD AND HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 165                                                                                                              
"An Act relating to providing field accommodations for big game                                                                 
hunters."                                                                                                                       
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 186                                                                                                                  
SHORT TITLE: SPORT FISHING GUIDE RECORDS                                                                                        
SPONSOR(s): REPRESENTATIVE(s) HARRIS BY REQUEST                                                                                 
                                                                                                                                
03/12/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/12/07       (H)       FSH, RES                                                                                               
03/19/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/19/07       (H)       Heard & Held                                                                                           
03/19/07       (H)       MINUTE(FSH)                                                                                            
03/21/07       (H)       FSH AT 8:30 AM BARNES 124                                                                              
03/21/07       (H)       Moved CSHB 186(FSH) Out of Committee                                                                   
03/21/07       (H)       MINUTE(FSH)                                                                                            
03/22/07       (H)       FSH RPT CS(FSH) NT 4DP 2NR                                                                             
03/22/07       (H)       DP: JOHNSON, LEDOUX, EDGMON, SEATON                                                                    
03/22/07       (H)       NR: JOHANSEN, HOLMES                                                                                   
03/26/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/26/07       (H)       -- MEETING CANCELED --                                                                                 
03/28/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/28/07       (H)       Moved CSHB 186(FSH) Out of Committee                                                                   
03/28/07       (H)       MINUTE(RES)                                                                                            
03/29/07       (H)       RES RPT CS(FSH) NT 6DP 2NR                                                                             
03/29/07       (H)       DP: ROSES, WILSON, SEATON, EDGMON,                                                                     
                         GATTO, JOHNSON                                                                                         
03/29/07       (H)       NR: KAWASAKI, GUTTENBERG                                                                               
03/30/07       (H)       TRANSMITTED TO (S)                                                                                     
03/30/07       (H)       VERSION: CSHB 186(FSH)                                                                                 
04/02/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/02/07       (S)       RES                                                                                                    
04/20/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/20/07       (S)       Heard & Held                                                                                           
04/20/07       (S)       MINUTE(RES)                                                                                            
04/23/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/23/07       (S)       Scheduled But Not Heard                                                                                
04/27/07       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
04/27/07       (S)       Scheduled But Not Heard                                                                                
05/09/07       (S)       RES AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 176                                                                                                                  
SHORT TITLE: CREATE FORT ROUSSEAU CAUSEWAY PARK                                                                                 
SPONSOR(s): REPRESENTATIVE(s) WILSON                                                                                            
                                                                                                                                
03/05/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/05/07       (H)       RES, FIN                                                                                               
03/28/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/28/07       (H)       Scheduled But Not Heard                                                                                
04/04/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/04/07       (H)       Moved CSHB 176(RES) Out of Committee                                                                   
04/04/07       (H)       MINUTE(RES)                                                                                            
04/10/07       (H)       RES RPT CS(RES) 6DP                                                                                    
04/10/07       (H)       DP: ROSES, SEATON, KOHRING, GUTTENBERG,                                                                
                         GATTO, JOHNSON                                                                                         
04/19/07       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/19/07       (H)       Moved CSHB 176(RES) Out of Committee                                                                   
04/19/07       (H)       MINUTE(FIN)                                                                                            
04/20/07       (H)       FIN RPT CS(RES) 7DP 1NR                                                                                
04/20/07       (H)       DP: NELSON, THOMAS, CRAWFORD, JOULE,                                                                   
                         STOLTZE, HAWKER, MEYER                                                                                 
04/20/07       (H)       NR: KELLY                                                                                              
04/30/07       (H)       TRANSMITTED TO (S)                                                                                     
04/30/07       (H)       VERSION: CSHB 176(RES)                                                                                 
05/02/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/02/07       (S)       RES, FIN                                                                                               
05/09/07       (S)       RES AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: HB 165                                                                                                                  
SHORT TITLE: BIG GAME GUIDES AND TRANSPORTERS                                                                                   
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
02/28/07       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/28/07       (H)       RES                                                                                                    
03/12/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/12/07       (H)       Heard & Held                                                                                           
03/12/07       (H)       MINUTE(RES)                                                                                            
03/19/07       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/19/07       (H)       Moved Out of Committee                                                                                 
03/19/07       (H)       MINUTE(RES)                                                                                            
03/21/07       (H)       RES RPT 8DP 1NR                                                                                        
03/21/07       (H)       DP: WILSON, ROSES, GUTTENBERG, EDGMON,                                                                 
                         KOHRING, SEATON, GATTO, JOHNSON                                                                        
03/21/07       (H)       NR: KAWASAKI                                                                                           
05/01/07       (H)       RETURNED TO RLS COMMITTEE                                                                              
05/05/07       (H)       TRANSMITTED TO (S)                                                                                     
05/05/07       (H)       VERSION: HB 165                                                                                        
05/07/07       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/07/07       (S)       RES, JUD                                                                                               
05/09/07       (S)       RES AT 4:00 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TOM WRIGHT                                                                                                                      
Staff to Speaker Harris                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Available to answer questions on CSHB
186(FSH).                                                                                                                       
                                                                                                                                
DOUG VINCENT-LANG                                                                                                               
Special Projects                                                                                                                
Alaska Department of Fish and Game (ADF&G)                                                                                      
Anchorage AK                                                                                                                    
POSITION STATEMENT: Supported CSHB 186(FSH).                                                                                  
                                                                                                                                
JERRY MCCUNE                                                                                                                    
United Fishermen of Alaska                                                                                                      
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported CSHB 186(FSH).                                                                                  
                                                                                                                                
REPRESENTATIVE PEGGY WILSON                                                                                                     
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 176.                                                                                        
                                                                                                                                
CLIFF STONE                                                                                                                     
Staff to Representative Wilson                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Answered questions on HB 176.                                                                             
                                                                                                                                
MIKE EBERHARDT, Superintendent                                                                                                  
Southeast Area Parks                                                                                                            
Division of                                                                                                                     
Parks and Outdoor Recreation                                                                                                    
Department of Natural Resources (DNR)                                                                                           
Juneau AK                                                                                                                       
POSITION STATEMENT: Supported HB 176.                                                                                       
                                                                                                                                
REPRESENTATIVE GABRIELLE LEDOUX                                                                                                 
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT: Sponsor of HB 165.                                                                                        
                                                                                                                                
SUZANNE HANCOCK                                                                                                                 
Staff to Representative LeDoux                                                                                                  
POSITION STATEMENT: Available to answer questions on HB 165.                                                                  
                                                                                                                                
BOBBY FITHIAN, Executive Director                                                                                               
Alaska Professional Hunters Association                                                                                         
POSITION STATEMENT: Supported HB 165.                                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR CHARLIE HUGGINS called the Senate Resources Standing                                                                    
Committee meeting to order at 4:03:58 PM. Present at the call to                                                              
order were Senators Wagoner, Stevens, McGuire and Huggins.                                                                      
                                                                                                                                
               HB 186-SPORT FISHING GUIDE RECORDS                                                                           
                                                                                                                                
CHAIR HUGGINS announced HB 186  to be up for consideration. [CSHB
186(FSH) was before the committee.]                                                                                             
                                                                                                                                
TOM  WRIGHT, staff  to Speaker  John Harris,  sponsor of  HB 186,                                                               
said he didn't have anything to add to previous testimony.                                                                      
                                                                                                                                
4:05:09 PM                                                                                                                    
DOUG VINCENT-LANG,  Special Projects,  Alaska Department  of Fish                                                               
and Game (ADF&G), said questions  were raised in the last hearing                                                               
about how confidentiality  of this data would be  assured. So, he                                                               
provided the  committee with a  memo from Kirk  Brogdon, Division                                                               
of Fish,  indicating that the  security process the ADF&G  has in                                                               
place doesn't allow sharing of  information within the department                                                               
or with public. Secondly, once  the data has been transferred, he                                                               
explained that this  bill would allow for an MOU  to be signed by                                                               
the  department and  the National  Marine  Fisheries Service.  It                                                               
would provide that a witness-approved  certificate must be signed                                                               
by  anyone in  the federal  government  who gets  access to  this                                                               
information  and  has  penalties associated  non-compliance.  The                                                               
penalties  consist  of  a  violation of  federal  law,  which  is                                                               
punishable by a minimum of six months  and a maximum of a year in                                                               
prison and a $100,000 fine.                                                                                                     
                                                                                                                                
CHAIR HUGGINS asked him to remind  the committee why this bill is                                                               
needed.                                                                                                                         
                                                                                                                                
MR. LANG replied that this bill  is needed so that information on                                                               
some  management  issues with  the  sport  charter fleet  can  be                                                               
shared  with the  National  Marine Fishery  Service  at its  June                                                               
meeting.  Some   options,  like  annual  limits,   might  not  be                                                               
available to them without this data.                                                                                            
                                                                                                                                
4:06:24 PM                                                                                                                    
SENATOR  WAGONER asked  if the  department would  keep a  running                                                               
tally of quota and poundage and turn it in weekly or monthly.                                                                   
                                                                                                                                
MR. LANG replied that the data has  to be turned in weekly to the                                                               
department.                                                                                                                     
                                                                                                                                
4:07:05 PM                                                                                                                    
JERRY MCCUNE,  United Fishermen of  Alaska, supported HB  186 for                                                               
all the reasons previously stated.                                                                                              
                                                                                                                                
4:07:43 PM                                                                                                                    
SENATOR STEVENS  moved to pass  CS for HB 186from  committee with                                                               
individual recommendations  and attached zero fiscal  note. There                                                               
were no objections and CSHB 186(FSH) moved from committee.                                                                      
                                                                                                                                
4:08:12 PM at ease 4:08:26 PM                                                                                               
                                                                                                                                
           HB 176-CREATE FORT ROUSSEAU CAUSEWAY PARK                                                                        
                                                                                                                                
CHAIR HUGGINS announced HB 176  to be up for consideration. [CSHB
176(RES)  was  before  the committee.]  He  asked  Representative                                                               
Wilson to give them a brief background on the park.                                                                             
                                                                                                                                
4:08:40 PM                                                                                                                    
REPRESENTATIVE  PEGGY WILSON,  sponsor  of HB  176, replied  that                                                               
during World  War II  the Army  wanted to  have a  defense across                                                               
Sitka in case the Japanese came  back. So, they connected 800 ft.                                                               
of  causeway from  one island  to another  and to  this day  many                                                               
historical  artifacts are  still  there -  like an  anti-aircraft                                                               
gun,  bunkers and  ammo magazine  structures.  This causeway  has                                                               
already been added to the  National Registry of Historical Places                                                               
and  has been  designated  as  a landmark  by  the National  Park                                                               
Service. This bill  makes sure that it becomes  the Fort Rousseau                                                               
Causeway State Historical Park.                                                                                                 
                                                                                                                                
SENATOR  STEVENS asked  who Rousseau  was. When  no one  knew the                                                               
answer,  he added  that  he  was the  commander  of the  American                                                               
troops when Sitka became a part of the United States in 1867.                                                                   
                                                                                                                                
REPRESENTATIVE WILSON  said Alaska  doesn't have many  areas that                                                               
go  back  to WWII  and  this  bill  is  trying to  preserve  this                                                               
history.  She explained  that  Sitka Trail  Works  was awarded  a                                                               
federal grant  of $140,700 to  begin work on renovating  the Fort                                                               
Rousseau Causeway  and $60,000  of the grant  money was  given to                                                               
the State's  Historical Preservation Office in  the Department of                                                               
Natural Resources (DNR)  to pay for site  mapping, culture survey                                                               
and  inventory work;  another  $14,000  was used  for  a phase  1                                                               
environmental  assessment.   Another  federal  trails   grant  is                                                               
pending   for  this   project  in   the  federal   transportation                                                               
legislation for 2008 and 2009.                                                                                                  
                                                                                                                                
She said the causeway business  plan shows modest tourism dollars                                                               
of around  $12,000 per year at  first. As the program  grows, the                                                               
budget will be  about $16,800 per year which  would eventually be                                                               
supplanted by  tourism dollars with  an additional  $20,000 going                                                               
into the general  fund to be used for other  parks. She explained                                                               
further that  the idea  is to  take tourists  back and  forth and                                                               
there is no way to get to the island except on a boat.                                                                          
                                                                                                                                
CHAIR  HUGGINS asked  if that  was what  the "boat  charter costs                                                               
associated with  assessing the  site" referred  to in  the fiscal                                                               
note.                                                                                                                           
                                                                                                                                
CLIFF STONE,  staff to Representative Wilson,  explained that the                                                               
fiscal note  is based  on what  it would take  DNR to  manage the                                                               
site. He thought  that need for the fiscal note  would go away as                                                               
tourist dollars supplanted it.                                                                                                  
                                                                                                                                
4:13:51 PM                                                                                                                    
SENATOR GREEN and SENATOR WIELECHOWSKI joined the committee.                                                                    
                                                                                                                                
CHAIR HUGGINS said  he knew of a proposed boat  launch in a state                                                               
park that had a fiscal note of $100,000 just to run it.                                                                         
                                                                                                                                
SENATOR MCGUIRE commented,  "It depends on whether  they like the                                                               
project or not."                                                                                                                
                                                                                                                                
MR. STONE  added that this is  not done very often;  the folks in                                                               
Sitka know it's a special occasion.                                                                                             
                                                                                                                                
CHAIR HUGGINS  asked if  he had  heard of  any opposition  to the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. STONE replied no and that he had a packet full of support.                                                                  
                                                                                                                                
CHAIR HUGGINS asked if it's on the National Register.                                                                           
                                                                                                                                
MR. STONE replied yes.                                                                                                          
                                                                                                                                
4:15:51 PM                                                                                                                    
SENATOR MCGUIRE asked  if the community is already  used to those                                                               
rules since it's already designated as a park.                                                                                  
                                                                                                                                
REPRESENTATIVE  WILSON  replied  that   it  is  designated  as  a                                                               
historical place right now by the National Park Service.                                                                        
                                                                                                                                
4:17:19 PM                                                                                                                    
MIKE   EBERHARDT,  Superintendent   for  Southeast   Area  Parks,                                                               
Division of  Parks and Outdoor Recreation,  Department of Natural                                                               
Resources  (DNR), explained  that  being listed  on the  National                                                               
Historic Register requires  the land manager to  abide by certain                                                               
rules  to preserve  the  resources. That  land  currently is  not                                                               
managed as  a park unit.  Actually the  DOT has been  managing it                                                               
with the  FAA and  its use  has been  very restricted  because of                                                               
9/11 and airport security issues.  Its management will be changed                                                               
from general state land to state park statutes.                                                                                 
                                                                                                                                
4:19:13 PM                                                                                                                    
SENATOR MCGUIRE  said she  wanted more  clarification on  page 3,                                                               
lines 19  - 21, where it  says the commissioner may  designate by                                                               
regulation incompatible  uses within  the land  and water  of the                                                               
Fort  Rousseau Causeway  State Historical  Park.  She was  afraid                                                               
that regulations would  be written that were  never intended. She                                                               
asked if "land and water" meant fishing, for instance.                                                                          
                                                                                                                                
MR. EBERHARDT responded that all  water was purposely left out of                                                               
the bill except where the dock is  so as to not create a conflict                                                               
with existing fisheries.  The bill concerns only  the uplands and                                                               
doesn't go into  the park and local citizens have  not voiced any                                                               
objections.                                                                                                                     
                                                                                                                                
4:21:28 PM                                                                                                                    
REPRESENTATIVE  WILSON added  that  the land  itself  used to  be                                                               
connected to the airport, but it was  cut off in the 80s when the                                                               
airport was built. You can't walk or drive there.                                                                               
                                                                                                                                
CHAIR HUGGINS asked  what activities are going  on presently that                                                               
anyone would protest.                                                                                                           
                                                                                                                                
REPRESENTATIVE WILSON replied  that the land is too  close to the                                                               
airport to have shooting.                                                                                                       
                                                                                                                                
SENATOR GREEN asked what would happen if this bill didn't pass.                                                                 
                                                                                                                                
REPRESENTATIVE WILSON  replied that there are  lots of volunteers                                                               
who would try to keep up preservation of the area.                                                                              
                                                                                                                                
CHAIR HUGGINS announced that HB 176 would be held in committee.                                                                 
                                                                                                                                
            HB 165-BIG GAME GUIDES AND TRANSPORTERS                                                                         
                                                                                                                              
4:23:39 PM                                                                                                                    
CHAIR HUGGINS announced HB 165 to be up for consideration.                                                                      
                                                                                                                                
REPRESENTATIVE GABRIELLE LEDOUX, sponsor of  HB 165, said that it                                                               
rights an inadvertent wrong and  promotes economic development in                                                               
rural  areas.   It  is   an  act   related  to   providing  field                                                               
accommodations for big game hunters.  She explained in 1996, much                                                               
needed  legislation was  enacted  to  define who  is  a big  game                                                               
hunter, outfitter, or transporter  and to provide regulations for                                                               
licensing  and  other  considerations.   However,  there  was  no                                                               
provision for  the person  who merely  wants to  rent his  or her                                                               
cabin to  people who may  or may not  be hunting. Many  people in                                                               
rural  Alaska have  extra cabins  or whose  cabins are  empty for                                                               
part of the year.                                                                                                               
                                                                                                                                
REPRESENTATIVE LEDOUX reminded them that  it is very difficult to                                                               
generate economic development  in rural areas and  this bill will                                                               
enable those people  to provide a service and make  little bit of                                                               
additional  money.  She  said  that   members  of  the  Big  Game                                                               
Commercial Services  Board have worked  with her office  in order                                                               
to craft a bill that  will protect their interests while allowing                                                               
others to do business.                                                                                                          
                                                                                                                                
SUZANNE  HANCOCK, staff  to Representative  LeDoux, said  she was                                                               
available to answer questions.                                                                                                  
                                                                                                                                
4:26:03 PM                                                                                                                    
BOBBY  FITHIAN, Executive  Director, Alaska  Professional Hunters                                                               
Association, supported  HB 165, which  fills a void  in statutory                                                               
language  that  relates  to legitimate  use  of  privately  owned                                                               
lodges, houses or cabins.                                                                                                       
                                                                                                                                
4:27:05 PM                                                                                                                    
CHAIR  HUGGINS asked  how professional  hunters have  operated in                                                               
the last couple of years without this bill.                                                                                     
                                                                                                                                
MR.  FITHIAN replied  that the  people  who asked  Representative                                                               
LeDoux to  address this issue  have had a real  serious challenge                                                               
in  dealing with  the Division  of  Public Safety,  the Big  Game                                                               
Commercial  Services  Board,  and  with agencies  that  own  land                                                               
around their  private properties  in trying to  get the  right to                                                               
rent  their privately-owned  cabins to  big game  hunters in  the                                                               
field.  He  explained that  defining  the  laws, regulations  and                                                               
statutes pertaining  to who  can supply or  provide what  kind of                                                               
services to  big game hunters in  the field has been  complex and                                                               
challenging and  a loophole was  found that didn't  address these                                                               
cabins.                                                                                                                         
                                                                                                                                
CHAIR HUGGINS asked who is doing the challenging.                                                                               
                                                                                                                                
MR. FITHIAN replied  that mainly the Department  of Public Safety                                                               
has been  trying to  figure out how  to address  private property                                                               
holders, because current regulations  and statutes forbid renting                                                               
of privately-owned cabins to big  game hunters. This bill address                                                               
only cabins on private land, not on public land.                                                                                
                                                                                                                                
4:31:16 PM                                                                                                                    
SENATOR MCGUIRE said she was concerned about over-regulation and                                                                
unintended consequences. She asked if this covered cases where                                                                  
an individual owns a private cabin on public land.                                                                              
                                                                                                                                
REPRESENTATIVE LEDOUX replied that those situations are not                                                                     
accommodated in this bill, which is only about private property.                                                                
She noted that this bill has a further Judiciary referral.                                                                      
                                                                                                                                
CHAIR HUGGINS thanked everyone for their testimony and said HB
165 would be held in committee.                                                                                                 
                                                                                                                                
There being no further business to come before the committee,                                                                   
Chair Huggins adjourned the meeting at 4:32:46 PM.                                                                            
                                                                                                                                

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