Washington Department of Fish and Wildlife Minutes
WASHINGTON FISH AND WILDLIFE COMMISSION
600 Capitol Way North, Olympia, WA 98501-1091
MEETING
August 4-5, 2006

Best Western CottonTree Inn
2300 Market Street
Mount Vernon, Washington

ATTENDANCE:
Commission Public
Ron Ozment, Chair Bill Frymire, AGO
Fred Shiosaki, Vice Chair Polly Fischer, NW Straits Commission
Ken Chew Clint Muns, PSA / PSRFE Oversight Committee
Jerry Gutzwiler George Boggs, Whatcom Conservation District
Conrad Mahnken Robert Meier, Rayonier
Chuck Perry Ben Welton, WA Brant Foundation
Will Roehl Gregg Casad
Shirley Solomon Carolyn Kelly, Skagit Conservation District
Miranda Wecker Kevin Gadbout, Weyerhaeuser
Bob Dick, American Forest Resource Council
Bobbie Thorniley, WA Hound Council, WA Trappers
Commission Staff: Lynn Bahrych, WA State Conservation Commission
Nancy Burkhart Alan Lichter, San Juan County Council
Mary Lou Peterson, Okanogan County Commission
Michael Smith, University of Washington
Department Dick Knight, RFEG Coalition
Jeff Koenings, Director Ginger Gumm, LLLA / BRI
Larry Peck, Deputy Director Daniel Poleschook, Jr., LLLA / BRI
Ron McQueen Dave Beatty, Nooksack Salmon Enhancement
Bruce Bjork Wendy Scherrer, Nooksack Salmon Enhancement
Dave Brittell Martha Jordan, Trumpeter Swan Society
Morris Barker Ken Oliver, Pend Oreille County
Lorna Wargo Sylvia Thorpe
Dianne Ludwig Jasmine Minbashian, Conservation Northwest
Heather Bartlett Kevin Mack, PAWS
Patrick Frazier Bruce Beatty
Joe Buchanan Betty Beatty
Dave Whipple Ben Welton
Dan Budd Ron Willerscheidt
Harriet Allen Seward Ettemhofer
Donny Martorello Earl B. Miller II
Dave Ware William D. Willette, Bedrock Prospectors
Don Kraege Harry C. Wilson
Capt. Bill Hebner Mark Erickson
Tom Davis Maynard Axelson
Justin Secrist Vivian Mizuta
Jo Wadsworth Bill Gordon
Michele Culver Justin Hayten
Bob Everitt Darcy Mitchem
Steve Pozzanghera Ryan Johnson
Lora Leschner Howard Mizuta
Bob Gibbons Curt Miller
Dora Austin Meg Schulte
Christine Salvadore Jeff Gremis
Brian Culver Keith Jordan, North Sound Waterfowl
Jim Watson George Budar
Other Department staff Steve Harrold
Wayne Logsdon
Denny Church
Buzz Upton
Ron Larsen, Les Dams Duck Club
Wayne Schuh
Thomas D. Ray
Shelly Mathis, WA Miners Council
Mike Letter, North Sound Waterfowl

FRIDAY, AUGUST 4:

Chair Ozment called the meeting to order at 8:32 a.m.

APPROVAL OF MINUTES:
Commissioner Wecker moved, seconded by Commissioner Solomon, to approve the minutes of the:

- July 21, 2006, Commission Conference Call; and
- July 28, 2006, Commission Special Meeting.
The motion carried unanimously.

COMMISSIONERS' DISCUSSION:
Commissioners discussed recent activities and items of general interest and provided status reports on Commission committees.

DIRECTOR'S REPORT:
Director Koenings reviewed significant Department issues and activities.

OPEN PUBLIC INPUT:
Seven individuals provided oral testimony on issues of concern was received during this portion of the meeting.

RECREATIONAL BOTTOMFISH -- BRIEFING:
Michelle Culver briefed the Commission on the rebuilding schedules for canary and yelloweye rockfish, the recreational fishing regulations recently approved by the Pacific Fishery Management Council, and the public process for considering them.

COASTAL SPOT SHRMP SEASONS -- RULE BRIEFING:
Morris Barker and Lorna Wargo briefed the Commission on proposed rule amendments to protect coastal spot shrimp by providing closures during the fall and winter months when most of the females are bearing eggs. The Commission will consider final action at its October 6-7, 2006, Commission meeting in Olympia.

No oral testimony on the proposed amendments was received during the meeting.

CRAB CATCH RECORD CARD AREA EXCLUSION -- RULE BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments that would eliminate the statewide requirements for a catch record card (CRC) for Dungeness crab, and require the CRC within Puget Sound waters only. The Commission will consider final action at its October 6-7, 2006, Commission meeting in Olympia.

One individual provided oral testimony on the proposed amendments during the meeting.

INCREASE HAGFISH POT LIMITS IN EMERGING COMMERCIA FISHERY -- RULE BRIEFING:
Morris Barker briefed the Commission on proposed rule amendments that would increase the pot limit for hagfish from 50 to 100 pots in this emerging fishery. The Commission will consider final action at its October 6-7, 2006, Commission meeting in Olympia.

No oral testimony on the proposed amendments was received during the meeting.

GEODUCK HARVEST DEPTH DESCRIPTION -- RULE ADOPTION:
Morris Barker presented proposed permanent rule amendments to WAC 220-52-019, Geoduck clams--Gear and unlawful acts, which would standardize the lower depth restriction for geoduck harvest based on a fixed tidal height rather than allowing it to vary with the tides. Staff briefed the Commission on the July 7, 2006, Commission conference call.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Chew moved, seconded by Commissioner Wecker, to adopt the permanent amendments to WAC 220-52-019, Geoduck clams--Gear and unlawful gear, as proposed. The motion carried unanimously.

WASHINGTON STATE CONSERVATION COMMISSION -- DISCUSSION:
Lynn Bahrych, Washington State Conservation Commissioner, discussed with the Commission on how the two Commissions can work collaboratively in the future on key issues.

REGIONAL FISHERIES ENHANCEMENT GROUPS (RFEG) ACTIVITIES -- UPDATE:
Dianne Ludwig, Heather Bartlett, Wendy Scherrer (Executive Director, Nooksack Salmon Enhancement Group), and Dick Knight (President, RFEG Coalition) updated the Commission on the activities of the RFEGs.

PUGET SOUND RECREATIONAL FISHERY ENHANCEMENT (PSRFE) PROGRAM -- BRIEFING:
Heather Bartlett, Patrick Frazier, and Clint Muns (Chair, PSRFE Oversight Committee) briefed the Commission about the PSRFE program.

SPOTTED OWL MANAGEMENT ISSUES -- BRIEFING:
At the request of the Commission, Dave Whipple and Joe Buchanan briefed the Commission on the coordinated efforts between the Department, Forest Practices Board, and U.S. Fish and Wildlife Service on the management issues concerning spotted owls.

PROPOSED LAND TRANSACTIONS -- ACTION:
Dan Budd presented for approval various proposed land transactions.

Commissioner Wecker moved, seconded by Commissioner Shiosaki, to approve the following land transactions:

- Acquisition of the 2,206-acre Trust for Public Lands/American Minerals Skookumchuck Phase 1B property in Kittitas County for $770,000;
- Relinquishment of a portion (approximately 2,250 square feet) of the Department's easement rights on the Satsop River in Grays Harbor County to the Grays Harbor County Road Department;
- Grant of 0.02 acres of road easement along the South Fork Willapa River in Pacific County to the Gamage family; and
- Approval of a lease to Washington Broadband for an internet service tower site at the Oak Creek Wildlife Area in Yakima County in exchange for web cam service.
The motion carried unanimously.

LEAD AND WILDLIFE -- UPDATE:
Harriet Allen, Jim Watson, and Mike Smith (University of Washington) updated the Commission with an overview of issues and concerns for wildlife and lead in the environment of Washington.

2006-2007 PILOT COUGAR HUNTING SEASONS WITH THE AID OF DOGS -- RULE ACTION:
Donny Martorello presented proposed permanent rule amendments to WAC 232-28-285, 2006-2007 Pilot cougar hunting seasons with the aid of dogs, which would enhance public safety and provide a more effective cougar management program.

Four individuals provided oral testimony on the proposed rule amendments during the meeting.

Commissioner Wecker moved, seconded by Commissioner Perry, to adopt the permanent amendments to WAC 232-28-285, 2006-2007 Pilot cougar hunting seasons with the aid of dogs, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

TRAPPER REPORT REQUIRED OF LICENSED TRAPPERS -- RULE ACTION:
Donny Martorello presented proposed permanent rule amendments that would require noncompliant trappers to submit their trapping report before purchasing a trapping license, and make the licensed trapper responsible for ensuring the Department receives the Trapper Report of Catch.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Mahnken, to adopt the permanent amendments to WAC 232-12-134, Report required of licensed trappers, and WAC 232-28-515, Trapping seasons and regulations. The motion carried unanimously.

2006 ELK SPECIAL PERMITS -- RULE ACTION:
Dave Ware presented proposed permanent rule amendments to WAC 232-28-354, 2006 Elk special permits, that would provide recreational opportunity for citizens, help reduce wildlife damage, and protect elk from overharvest.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Solomon, to adopt the permanent amendments to WAC 232-28-354, Elk special permits, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

DEER AND ELK AREA DESCRIPTIONS -- RULE ACTION:
Dave Ware presented proposed permanent rule amendments to WAC 232-28-337, Deer and elk area descriptions, that would provide recreational opportunity for citizens, help reduce wildlife damage, and protect deer and elk from overharvest, as well as allowing for safe deer and elk harvest.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Shiosaki moved, seconded by Commissioner Perry, to adopt the permanent amendments to WAC 232-28-337, Deer and elk area descriptions. The motion carried unanimously.

DISPOSAL OF WILDLIFE PARTS -- RULE ACTION:
Bruce Bjork presented proposed permanent rule amendments to WAC 232-12-071, Buying or selling game unlawful--Game-farmed meat exception, that would allow the sale of game farm deer/elk meat and eliminate cougar hides from prohibited sales. Action on this item was continued by the Commission during its June 9-10, 2006, Commission meeting.

No oral testimony on the proposed amendments was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Perry, to adopt the permanent amendments to WAC 232-12-071, Buying or selling game unlawful--game-farmed meat exception.

Commissioner Roehl moved, seconded by Commissioner Wecker, to amend the motion by inserting "or country" in Section 3 after "…game farm in another state...". The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

OPEN PUBLIC INPUT:
Two individuals provided oral testimony on issues of concern during this portion of the meeting.

Pursuant to RCW 42.30.110(1)(h), the Commission met in Executive Session to discuss the performance of an employee. The Executive Session was closed to the public, and no action took place during the Executive Session.

Chair Ozment recessed the meeting at 8:45 p.m.

SATURDAY, JUNE 10:

Chair Ozment called the meeting back to order at 8:32 a.m.

OPEN PUBLIC INPUT:
Four individuals provided oral testimony on issues of concerning during this portion of the meeting.

2006-2007 MIGRATORY WATERFOWL SEASONS AND REGULATIONS -- RULE ACTION:
Don Kraege and Bill Hebner presented proposed permanent rule amendments to WAC 232-28-430, 2006-07 Migratory waterfowl seasons and regulations, and repeal of WAC 232-28-429, 2005-06 Migratory waterfowl seasons and regulations, which would provide hunting recreation and damage control consistent with the status of waterfowl species.

Eleven individuals provided oral testimony on the proposed amendments during the meeting.

Commissioner Roehl moved, seconded by Commissioner Solomon, to adopt the permanent amendments to WAC 232-28-430, 2006-07 Migratory waterfowl seasons and regulations, as filed with the Code Reviser's Office and amended by staff, and to repeal WAC 232-28-429, 2005-06 Migratory waterfowl seasons and regulations.

Because of concerns that there was only a one-month restriction for discharging a firearm within 100 feet of any paved road on Fir Island and a year-round restriction would be easier to enforce, Commissioner Roehl moved, seconded by Commissioner Mahnken, to amend the motion by deleting "from December 10, 2006 through January 7, 2007", and to insert "public" after "…any paved…". The motion to amend the motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

Commissioner Solomon moved, seconded by Commissioner Wecker, to amend the motion by increasing the 100-foot restriction from any paved road to 300 feet. The motion failed.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

Commissioner Roehl moved, seconded by Commissioner Wecker, to increase the 2007 brant season in Skagit County and Pacific County. In Skagit County, delete January 24 and add January 18, 23, and 25. In Pacific County, delete January 17 and January 11, 16, and 18. The motion to amend the motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

The motion, as amended, carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

2007 AGENCY REQUEST LEGISLATION -- ACTION:
Tom Davis presented for review and approval the Department's proposed 2007 Agency Request Legislation for submission to the Office of Financial Management.

One individual provided oral testimony on the proposed legislation during the meeting.

Commissioner Roehl moved, seconded by Commissioner Gutzwiler, to approve the Department's 2007 Agency Request Legislation for submission to the Office of Financial Management. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

2007 SUPPLEMENTAL OPERATING BUDGET REQUEST -- ACTION:
Ron McQueen presented for review and approval the Department's proposed 2007 Supplemental Operating Budget Request for submission to the Office of Financial Management.

No oral testimony on the proposed supplemental operating budget request was received during the meeting.

Commissioner Solomon moved, seconded by Commissioner Gutzwiler, to approve the Department's 2007 Supplemental Operating Budget Request for submission to the Office of Financial Management. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

2007 SUPPLEMENTAL CAPITAL BUDGET REQUEST -- ACTION:
Ron McQueen presented for review and approval the Department's proposed 2007 Supplemental Capital Budget Request for submission to the Office of Financial Management.

No oral testimony on the proposed supplemental capital budget request was received during the meeting.

Commissioner Roehl moved, seconded by Commissioner Mahnken, to approve the Department's 2007 Supplemental Capital Budget Request for submission to the Office of Financial Management. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

2007-2009 STRATEGIC PLAN AND 2007-2009 OPERATING BUDGET REQUEST -- ACTION:
Ron McQueen presented the Department's proposed 2007-2009 Strategic Plan and 2007-2009 Operating Budget Request for submission to the Office of Financial Management.

No oral testimony on the proposed Strategic Plan and operating budget request was received during the meeting.

Commissioner Wecker moved, seconded by Commissioner Mahnken, to approve the Department's 2007-2009 Strategic Plan and 2007-2009 Operating Budget Request for submission to the Office of Financial Management. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

2007-2009 CAPITAL BUDGET REQUEST -- ACTION:
Ron McQueen presented for review and approval the Department's proposed 2007-2009 Capital Budget Request for submission to the Office of Financial Management.

No oral testimony on the capital budget request was received during the meeting.

Commissioner Solomon moved, seconded by Commissioner Perry, to approve the Department's 2007-2009 Capital Budget Request for submission to the Office of Financial Management. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

MISCELLANEOUS AND MEETING DEBRIEF:
Commissioner Perry moved, seconded by Commissioner Gutzwiler, to request the Department develop a Fir Island (Skagit County) hunting and recreational comprehensive plan that results in safe, ethical hunting and other associated recreation by the public and residents. Consider ideas and input from all interests to find good solutions that can be practically implemented. Work with appropriate Commission Committees. Department to provide a presentation at a Commission meeting prior to July 2007. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

Commissioner Gutzwiler moved, seconded by Commissioner Wecker, to request the Department: (1) provide a tour in conjunction with the Commission's October 6-7, 2006, meeting in Olympia on bear damage in Capitol Forest; and (2) give a presentation on bear damage in Capitol Forest to Commissioners at the Commission's October 6-7, 2006, meeting in Olympia. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

Commissioner Mahnken moved, seconded by Commissioner Gutzwiler, to request the Department brief the Commission at its December 8-9, 2006, meeting in Tumwater on what the Department is proposing for research in the marine fish culture area. The Department and Commission are to review the Commission's Marine Fish Culture Policy. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

Commissioner Wecker moved, seconded by Commissioner Solomon, to request the Department brief the Commission at its November 3-4, 2006, meeting in Vancouver on the history of the Enforcement Program. Briefing is to include staffing, funding, and trends for the last 10 years. The motion carried unanimously.
(Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.)

Because of a conflict in dates, the Commission will hear the petition from the NW Miners Council, Resources Coalition and the small-scale mining community on the Commission's August 11, 2006, conference call instead of the August 18, 2006, conference call as originally planned.

OPEN PUBLIC INPUT:
No oral testimony on issues of concern during this portion of the meeting.

Chair Ozment adjourned the meeting at 1:17 p.m.





MEMOS AND AUTHORITIES FROM THE AUGUST 4-5, 2006
FISH AND WILDLIFE COMMISSION MEETING, MOUNT VERNON



Approval of Commission Minutes

- Motion by Wecker, second by Solomon, to approve the minutes of the:

- July 21, 2006, Commission Conference Call; and
- July 28, 2006, Commission Special Meeting.
The motion carried unanimously.
Approval of Geoduck Harvest Depth Description Rules

- Motion by Chew, second by Wecker, to adopt the permanent amendments to WAC 220-52-019, Geoduck clams--Gear and unlawful gear, as proposed. The motion carried unanimously.

Approval of Land Transactions

- Motion by Wecker, second by Shiosaki, to approve the following land transactions:

- Acquisition of the 2,206-acre Trust for Public Lands/American Minerals Skookumchuck Phase 1B property in Kittitas County for $770,000;
- Relinquishment of a portion (approximately 2,250 square feet) of the Department's easement rights on the Satsop River in Grays Harbor County to the Grays Harbor County Road Department;
- Grant of 0.02 acres of road easement along the South Fork Willapa River in Pacific County to the Gamage family; and
- Approval of a lease to Washington Broadband for an internet service tower site at the Oak Creek Wildlife Area in Yakima County in exchange for web cam service.

The motion carried unanimously.
Approval of 2006-2007 Cougar Hunting Seasons with the Aid of Dogs Rules

- Motion by Wecker, second by Perry, to adopt the permanent amendments to WAC 232-28-285, 2006-2007 Pilot cougar hunting seasons with the aid of dogs, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Approval of Trapper Report Required of Licensed Trappers Rules

- Motion by Roehl, second by Mahnken, to adopt the permanent amendments to WAC 232-12-134, Report required of licensed trappers, and WAC 232-28-515, Trapping seasons and regulations. The motion carried unanimously.

Approval of 2006 Elk Special Permit Rules

- Motion by Roehl, second by Solomon, to adopt the permanent amendments to WAC 232-28-354, Elk special permits, as filed with the Code Reviser's Office and amended by staff. The motion carried unanimously.

Approval of Deer and Elk Area Descriptions Rules

- Motion by Shiosaki, second by Perry, to adopt the permanent amendments to WAC 232-28-337, Deer and elk area descriptions. The motion carried unanimously.

Approval of Wildlife Parts Rules

- Motion by Roehl, second by Perry, to adopt the permanent amendments to WAC 232-12-071, Buying or selling game unlawful--game-farmed meat exception.

- Motion by Roehl, second by Wecker, to amend the motion by inserting "or country" in Section 3 after "…game farm in another state…". The motion to amend the motion carried unanimously.

The motion, as amended, carried unanimously.

Approval of 2006-2007 Migratory Waterfowl Seasons and Regulations Rules

- Motion by Roehl, second by Solomon, to adopt the permanent amendments to WAC 232-28-430, 2006-07 Migratory waterfowl seasons and regulations, as filed with the Code Reviser's Office and amended by staff, and to repeal WAC 232-28-429, 2005-06 Migratory waterfowl seasons and regulations.

- Motion by Roehl, second by Mahnken, to amend the motion by deleting "from December 10, 2006 through January 7, 2007", and to insert "public" after "…any paved…". The motion to amend the motion carried unanimously.*

- Motion by Solomon, second by Wecker, to amend the motion by increasing the 100-foot restriction from any paved road to 300 feet. The motion failed.*

- Motion by Roehl, second by Wecker, to increase the 2007 brant season in Skagit County and Pacific County. In Skagit County, delete January 24 and add January 18, 23, and 25. In Pacific County, delete January 17 and January 11, 16, and 18. The motion to amend the motion carried unanimously.*

The motion, as amended, carried unanimously.*

Approval of 2007 Agency Request Legislation

- Motion by Roehl, second by Gutzwiler, to approve the Department's 2007 Agency Request Legislation for submission to the Office of Financial Management. The motion carried unanimously.*

Approval of 2007 Supplemental Operating Budget Request

- Motion by Solomon, second by Gutzwiler, to approve the Department's 2007 Supplemental Operating Budget Request for submission to the Office of Financial Management. The motion carried unanimously.*

Approval of 2007 Supplemental Capital Budget Request

- Motion by Roehl, second by Mahnken, to approve the Department's 2007 Supplemental Capital Budget Request for submission to the Office of Financial Management. The motion carried unanimously.*

Approval of 2007-2009 Strategic Plan and 2007-2009 Operating Budget Request

- Motion by Wecker, second by Mahnken, to approve the Department's 2007-2009 Strategic Plan and 2007-2009 Operating Budget Request for submission to the Office of Financial Management. The motion carried unanimously.*

Approval of 2007-2009 Capital Budget Request

- Motion by Solomon, second by Perry, to approve the Department's 2007-2009 Capital Budget Request for submission to the Office of Financial Management. The motion carried unanimously.*

Commission Requests to the Department

- Motion by Perry, second by Gutzwiler, to request the Department develop a Fir Island (Skagit County) hunting and recreational comprehensive plan that results in safe, ethical hunting and other associated recreation by the public and residents. Consider ideas and input from all interests to find good solutions that can be practically implemented. Work with appropriate Commission Committees. Department to provide a presentation at a Commission meeting prior to July 2007. The motion carried unanimously.*

- Motion by Gutzwiler, second by Wecker, to request the Department: (1) provide a tour in conjunction with the Commission's October 6-7, 2006, meeting in Olympia on bear damage in Capitol Forest; and (2) give a presentation on bear damage in Capitol Forest to Commissioners at the Commission's October 6-7, 2006, meeting in Olympia. The motion carried unanimously.*

- Motion by Mahnken, second by Gutzwiler, to request the Department brief the Commission at its December 8-9, 2006, meeting in Tumwater on what the Department is proposing for research in the marine fish culture area. The Department and Commission are to review the Commission's Marine Fish Culture Policy. The motion carried unanimously.*

- Motion by Wecker, second by Solomon, to request the Department brief the Commission at its November 3-4, 2006, meeting in Vancouver on the history of the Enforcement Program. Briefing is to include staffing, funding, and trends for the last 10 years. The motion carried unanimously.*

* Commissioners Chew and Shiosaki were absent during discussion and vote on the motion.


Commissioners in Attendance:
Ron Ozment, Chair
Fred Shiosaki, Vice Chair
Ken Chew
Jerry Gutzwiler
Conrad Mahnken
Chuck Perry
Will Roehl
Shirley Solomon
Miranda Wecker

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