Presenter: John Herron

Commission Agenda Item No. 2
Action
Commercial Nongame Permits
June 1998

I. DISCUSSION: Chapter 67 of the Parks and Wildlife Code requires the Department to develop and administer management programs to ensure the viability of nongame fish and wildlife, and authorizes the Commission to establish any limitations on the take, possession, propagation, transportation, importation, exportation, and sale of nongame fish and wildlife that the Department considers necessary to manage such species. Staff briefed the Regulations Committee at the November 1997 meeting on the status of nongame populations and the need for a monitoring regime to assess commercial trade in nongame species. The Committee at that time authorized staff to draft proposed regulations, which were presented at the January 1998 meeting of the Regulations Committee. At that time, the impact of the proposed regulations upon youth engaged in incidental or noncommercial possession of nongame species was discussed, and staff was instructed to modify the proposed regulations to ensure the ability of youngsters to collect and possess nongame wildlife for personal use. Staff presented the modified proposal to the Regulations Committee at the April 1998 meeting and was authorized to publish the proposed regulations in the Texas Register for public comment. The proposed regulations appeared in the May 1, 1998, issue of the Texas Register (23 TexReg 4222). A summary of public comment will be presented at the time of the meeting.

II. RECOMMENDATION: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion.

"The Texas Parks and Wildlife Commission adopts proposed new 31 TAC §§65.325-65.332, concerning the take, possession, and sale of nongame wildlife, and new 31 TAC §53.80, concerning Fees, with changes to proposed rules as published in the May 1, 1998, issue of the Texas Register (23 TexReg 4222)."

Attachments - 3

1. Exhibit A - Proposed Nongame Permit Regulations
2. Exhibit B – Fees
3. Exhibit C – (Available upon request)


Commission Agenda Item No. 2
Exhibit A

Proposed Nongame Permit Regulations
Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes new §§65.325-65.332, concerning permits for the sale or possession of nongame wildlife. The new rules are necessary to allow the department to monitor the impact of commercial trade and collection activities on the state’s nongame wildlife populations in order to determine if there are nongame species in need of management. The new rules will function by requiring persons engaged in the collection or sale of nongame wildlife to possess a permit and comply with reporting requirements.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the new rules as proposed are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the new rules.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the new rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be the acquisition of data that will provide a basis for the management of the nongame wildlife of the state and allow the department to determine what, if any, additional regulatory measures are needed.

(B) There will be an effect on small businesses and additional economic costs to persons required to comply with the rules as proposed; specifically, the $15 cost of acquiring a resident commercial collection permit ($50 nonresident), or the $50 cost of acquiring a resident nongame dealer permit ($200 nonresident). The cost of compliance for small businesses is the same as the cost of compliance for the largest business affected by the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed new sections.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Matt Wagner, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4396 or 1-800-792-1112.

5. Statutory Authority.

The new sections are proposed under Parks and Wildlife Code, Chapter 67, which provides the commission with authority to establish any limits on the take, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife.

The new sections affect Parks and Wildlife Code, Chapter 67.

PERMITS FOR THE COLLECTION AND SALE OF NONGAME WILDLIFE

§65.325. Applicability. This subchapter applies to the nongame wildlife listed in §65.331 of this title (relating to Affected Species), living or dead, including parts of nongame wildlife and captive-bred nongame wildlife, but does not apply to bobcat pelts or processed products.

§65.326. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other words and terms shall have the meanings assigned by the Parks and Wildlife Code or regulatory definitions adopted under the authority of Parks and Wildlife Code.

Captive-bred - Any wildlife born in captivity from parents held in captivity.

Commercial activity - The sale, offer for sale, exchange or barter of nongame wildlife.

Resale - Any transaction or activity in which a person purchases nongame wildlife or otherwise acquires nongame wildlife for a consideration and subsequently transfers or delivers the same nongame wildlife to any person in exchange for compensation or remuneration of any kind.

Processed product - Nongame wildlife or parts of nongame wildlife that have been treated or prepared, by means other than refrigeration or freezing, to prevent decomposition.

§65.327. Permit Required.

(a) Except as provided in subsection (d) of this section, no person in this state may engage in a commercial activity involving nongame wildlife, or possess more than ten specimens of nongame wildlife, unless that person possesses a valid commercial collection permit or a valid nongame dealer permit issued by the department, subject to the conditions provided in §65.328 of this subchapter (relating to Permit Restrictions)..

(b) No person in this state may resell nongame wildlife unless that person possesses a valid nongame dealer permit by the department.

(c) No person may transport or ship nongame wildlife out of this state, or cause such transport or shipment, for the purpose of sale unless that person possesses an applicable nongame permit issued by the department.

(d) This subchapter does not apply to:

(1) persons purchasing, possessing, or selling processed products;

(2) teachers at accredited primary or secondary educational institutions, provided that the nongame wildlife is possessed solely for educational purposes and is not sold or transferred to another person for the purpose of sale;

(3) persons or establishments selling nongame wildlife for and ready for immediate consumption in individual portion servings, and which are subject to limited sales or use tax;

(4) persons 16 years of age or younger, provided the person is not engaged in a commercial activity; or

(5) persons possessing aquatic products under a valid bait dealer’s license.

(e) A permit required by this subchapter shall be possessed on the person of the permittee during any activity governed by this subchapter.

(f) This subchapter does not relieve any person of the obligation to possess an appropriate hunting license for any activity involving the take of nongame wildlife.

§65.328. Permit Restrictions.

(a) A person possessing a valid commercial collection permit:

(1) may sell nongame wildlife lawfully collected by that person; and

(2) may buy lawfully collected nongame wildlife from any person lawfully authorized to sell nongame wildlife; but

(3) may not resell nongame wildlife unless the person possesses a valid nongame dealer’s permit.

(b) A person possessing a valid nongame dealer permit may resell lawfully purchased nongame wildlife to anyone.

§65.329. Permit Application.

(a) An applicant for a dealer’s permit under this subchapter shall submit to the department a completed application on a form supplied by the department, accompanied by the nonrefundable fee specified in Chapter 53 of this title (relating to Finance).

(b) The department reserves the right to refuse permit issuance to any person finally convicted of any violation of Parks and Wildlife Code during the five-year period immediately prior to an application for a permit under this subchapter. This subsection does not apply to convictions under Parks and Wildlife Code, Chapter 31.

(c) The department shall not issue a permit to any person who has not complied with the applicable requirements of §65.330 of this title (relating to Reporting Requirements).

(d) Permits shall be issued to named individuals only, resident or nonresident as applicable, and shall not be issued in the name of any firm, organization, or institution.

§65.330. Record and Reporting Requirements.

(a) A person possessing a commercial collection permit shall:

(1) maintain and possess upon their person during any collection activities a daily collection log indicating the date, location, and number of specimens of each species collected and/or possessed during the period of validity of the permit, which shall be presented upon demand to a game warden of the department; and

(2) complete and submit to the department a quarterly report, accompanied by the permittee's collection log, by the 15th of September, December, March, and June of each year.

(b) A person possessing a nongame dealer permit shall:

(1) maintain and make available to a game warden of the department upon demand a current daily record of all purchases and sales;

(2) maintain and make available to a game warden of the department upon demand an invoice or receipt identifying the source or origin of each specimen of nongame wildlife in possession; and

(3) complete and submit to the department a quarterly report by the 15th of September, December, March, and June of each year.

(c) All records required by this section shall be retained and kept available for inspection for a period of one year following the period of validity of the permit under which they are required to be kept.

§65.331. Affected Species. The following species are subject to the provisions of this subchapter.

Frogs and Toads

Cope’s gray treefrog (Hyla chrysoscelis)

Canyon treefrog (Hyla arenicolor)

Gray treefrog (Hyla versicolor)

Green treefrog (Hyla cinerea)

Squirrel treefrog (Hyla squirella)

Couch’s spadefoot (Scaphiopus couchi)

Plains spadefoot (Scaphiopus bombifrons)

Northern cricket frog (Acris crepitans crepitans)

Blanchard’s cricket frog (Acris crepitans blanchardi)

Coastal cricket frog (Acris crepitans paludicola)

Great plains toad (Bufo cognatus)

Eastern green toad (Bufo debilis debilis)

Western green toad (Bufo debilis insidior)

Red-spotted toad (Bufo punctatus)

Texas toad (Bufo speciosus)

Gulf Coast toad (Bufo valliceps valliceps)

Southwestern Woodhouse’s toad (Bufo woodhousei australis)

East Texas Toad (Bufo woodhousei velatus)

Woodhouse’s toad (Bufo woodhousei woodhousei)

Bull frog (Rana catesbeiana)

Southern leopard frog (Rana sphenocephala)

Bronze frog (Rana clamitans clamatans)

Pig frog (Rana grylio)

Salamanders

Barred tiger salamander (Ambystoma tigrinum mavortium)

Eastern tiger salamander (Ambystoma tigrinum tigrinum)

Marbled salamander (Ambystoma opacum)

Mole salamander (Ambystoma talpoideum)

Spotted salamander (Ambystoma maculatum)

Turtles

Desert (Western) box turtle (Terrapene ornata luteola)

Ornate box turtle (Terrapene ornata ornata)

Three-toed (Eastern) box turtle (Terrapene carolina triunguis)

Cagle’s map turtle (Graptemys caglei)

Mississippi map turtle (Graptemys pseuogeographica kohnii)

Ouachita map turtle (Graptemys pseudogeographica ouachitensis)

Sabine map turtle (Graptemys pseudogeographica sabinensis)

Texas map turtle (Graptemys versa)

Yellow mud turtle (Kinosternon flavescens flavescens)

Mississippi (Eastern) mud turtle (Kinosternon subrubrum hippocrepis)

Western chicken turtle (Deirochelys reticularia miaria)

Red-eared slider (Trachemys scripta elegans)

Midland smooth softshell turtle (Apalone muticus muticus) (Trionyx muticus) (old name)

Texas spiny softshell (Apalone spiniferus emoryi), (Trionyx spiniferus) (old genus name)

Guadalupe spiny softshell (Apalone spiniferus guadalupensis)

Western spiny softshell (Apalone spiniferus hartwegi)

Pallid spiny softshell (Apalone spiniferus pallidus)

Metter’s river cooter (Pseudemys concinna metteri)

Texas river cooter (Pseudemys texana)

Western painted turtle (Chrysemys picta belli)

Southern painted turtle (Chrysemys picta dorsalis)

Common snapping turtle (Chelydra serpentina serpentina)

Texas diamondback terrapin (Malaclemys terrapin littoralis)

Lizards

Texas alligator lizard (Gerrhonotus liocephalus infernalis)

Western slender glass lizard (Ophisaurus attenuatus attenuatus)

Green anole (Anolis carolinensis)

Texas banded gecko (Coleonyx brevis)

Southwestern earless lizard (Cophosaurus texanus scitulus)

Texas earless lizard (Cophosaurus texanus scitulus)

Eastern collared lizard (Crotaphytus collaris collaris)

Chihuahuan collared lizard (Crotaphytus collaris fuscus)

Crevice spiny lizard (Sceloporus poinsettii poinsettii)

Texas spiny lizard (Sceloporus olicaveus)

Twin-spotted (Desert) spiny lizard (Sceloporus magister bimaculatus)

Northern (Eastern) fence lizard (Sceloporus undulatus hyacinthinus)

Northern prairie lizard (Sceloporus undulatus garmani)

Southern Prairie lizard (Sceloporus undulatus consobrinus)

Big Bend canyon lizard (Sceloporus merriami annulatus)

Presidio canyon lizard (Sceloporus merriami longipunctatus)

Merriam’s canyon lizard (Sceloporus merriami merriami)

Longnose leopard lizard (Gambelia wislizeni wislizeni)

Eastern tree lizard (Urosaurus ornatus ornatus)

Big Bend tree lizard (Urosaurus ornatus schmidti)

Desert side-blotched lizard (Uta stansburiana stejnegeri)

Roundtail horned lizard (Phrynosoma modestum)

Broadhead skink (Eumeces laticeps)

Great plains skink (Eumeces obsoletus)

Ground skink (Scincella lateralis)

Gray-checkered whiptail (Cnemidophorus dixoni)

Chihuahuan spotted whiptail (Cnemidophorus exsanguis)

Texas spotted whiptail (Cnemidophorus gularis gularis)

Plateau spotted whiptail (Cnemidophorus gularis septemvittatus)

Trans-Pecos striped whiptail (Cnemidophorus inornatus heptagrammus)

Laredo striped whiptail (Cnemidophorus laredoensis)

Marbled whiptail (Cnemidophorus marmoratus)

New Mexico whiptail (Cnemidophorus neomexicanus)

Colorado checkered whiptail (Cnemidophorus tesselatus)

Desert grassland whiptail (Cnemidophorus uniparens)

Six-lined racerunner (Cnemidophorus sexlineatus sexlinieatus)

Prairie-lined racerunner (Cnemidophorus sexlineatus viridis)

Snakes

Baird’s rat snake (Elaphe bairdi)

Texas rat snake (Elaphe obsoleta lindheimeri)

Trans-Pecos rat snake (Elaphe subocularis)

Great Plains rat snake (Elaphe guttata emoryi)

Rough green snake (Opheodrys aestivus)

Rough earth snake (Virginia striatula)

Western smooth earth snake (Virginia valeriae elegans)

Ground snake (Sonora semiannulata)

Yellowbelly water snake (Nerodia erythrogaster flavigaster)

Gray-banded kingsnake (Lampropeltis alterna)

Louisiana milk snake (Lampropeltis triangulum amaura)

Mexican milk snake (Lampropeltis triangulum annulata)

New Mexico milk snake (Lampropeltis triangulum celaenops)

Central plains milk snake (Lampropeltis triangulum gentilis)

Speckled kingsnake (Lampropeltis getulus holbrooki)

Desert kingsnake (Lampropeltis getulus splendida)

Bullsnake (Pituophis melanoleucus sayi)

Texas longnose snake (Rhinocheilus lecontei tessallatus)

Eastern coachwhip (Masticophis flagellum flagellum)

Western coachwhip (Masticophis flagellum testaceus)

Central Texas whipsnake (Masticophis taeniatus girardi)

Desert Striped whipsnake (Masticophis taeniatus taeniatus)

Eastern garter snake (Thamnophis sirtalis sirtalis)

Texas garter snake (Thamnophis sirtalis annectans)

New Mexico garter snake (Thamnophis sirtalis dorsalis)

Plains garter snake (Thamnophis radix haydenii)

Checkered garter snake (Thamnophis marcianus marcianus)

Eastern blackneck garter snake (Thamnophis cyrtopsis ocellatus)

Western blackneck garter snake (Thamnophis cyrtopsis cyrtopsis)

Western ribbon snake (Thamnophis proximus proximus)

Redstripe ribbon snake (Thamnophis proximus rubrilineatus)

Gulf Coast ribbon snake (Thamnophis proximus orarius)

Arid land ribbon snake (Thamnophis proximus diabolicus)

Mississippi ringneck snake (Diadophis punctatus strictogenys)

Prairie ringneck snake (Diadophis punctatus arnyi)

Regal ringneck snake (Diadophis punctatus regalis)

Kansas glossy snake (Arizona elegans elegans)

Texas glossy snake (Arizona elegans arenicola)

Painted desert glossy snake (Arizona elegans philipi)

Plains (western) hognose snake (Heterodon nasicus nasicus)

Dusty hognose snake (Heterodon nasicus gloydi)

Mexican hognose snake (Heterodon nasicus kennerlyi)

Eastern hognose snake (Heterodon platyrhinos)

Mountain patchnose snake (Salvadora grahamiae grahamiae)

Texas patchnose snake (Salvadora grahamiae lineata)

Big Bend patchnose snake (Salvadora deserticola)

Texas coral snake (Micrurus fulvius tenere)

Southern copperhead (Agkistrodon contortrix contortrix)

Broad-banded copperhead (Agkistrodon contortrix laticinctus)

Trans-Pecos copperhead (Agkistrodon contortrix pictigaster)

Western cottonmouth (Agkistrodon piscivorus leucostoma)

Western diamondback rattlesnake (Crotalus atrox)

Prairie rattlesnake (Crotalus viridis viridis)

Mottled rock rattlesnake (Crotalus lepidus lepidus)

Banded rock rattlesnake (Crotalus lepidus klauberi)

Northern blacktail rattlesnake (Crotalus molossus molossus)

Western massasauga (Sistrurus catenatus tergeminus)

Desert massasauga (Sistrurus catenatus edwardsii)

Pygmy rattlesnake (Sistrurus miliarius)

Mammals

Order Chiroptera - BATS

Brazilian Free-tailed Bat - (Tadarida brasiliensis)

Order Lagomorpha - RABBITS

Black-tailed Jackrabbit - (Lepus Californicus)

Order Rodentia - RODENTS

Squirrels

Texas Antelope Squirrel - (Ammospermophilus interpres)

Mexican Ground Squirrel - (Spermophilus mexicanus)

Spotted Ground Squirrel - (Spermophilus spilosoma)

Thirteen-lined Ground Squirrel - (Spermophilus tridecemlineatus)

Rock Squirrel - (Spermophilus variegatus)

Black-tailed Prairie Dog - (Cynomys ludovicianus)

Eastern Flying Squirrel - (Glaucomys volans)

Pocket Gophers

Botta's Pocket Gopher - (Thomomys bottae)

Desert Pocket Gopher - (Geomys arenarius)

Attwater's Pocket Gopher - (Geomys attwateri)

Baird's Pocket Gopher - (Geomys breviceps)

Plains Pocket Gopher - (Geomys bursarius)

Jones' Pocket Gopher - (Geomys knoxjonesi)

Texas Pocket Gopher - (Geomys personatus)

Llano Pocket Gopher - (Geomys texensis)

Yellow-faced Pocket Gopher (Cratogeomys castanops)

Pocket Mice

Plains Pocket Mouse - (Perognathus flavescens)

Silky Pocket Mouse - (Perognathus flavus)

Merriam's Pocket Mouse - (Perognathus merriami)

Hispid Pocket Mouse - (Chaetodipus hispidus)

Rock Pocket Mouse - (Chaetodipus intermedius)

Nelson's Pocket Mouse - (Chaetodipus nelsoni)

Desert Pocket Mouse - (Chaetodipus penicillatus)

Gulf Coast Kangaroo Rat - (Dipodomys compactus)

Texas Kangaroo Rat - (Dipodomys elator)

Merriam's Kangaroo Rat - (Dipodomys merriami)

Ord's Kangaroo Rat - (Dipodomys ordii)

Banner-tailed Kangaroo Rat - (Dipodomys spectabilis)

Mexican Spiny Pocket Mouse - (Liomys irroratus)

Mice and Rats

Fulvous Harvest Mouse - (Reithrodontomys fulvescens)

Eastern Harvest Mouse - (Reithrodontomys humulis)

Western Harvest Mouse - (Reithrodontomys megalotis)

Plains Harvest Mouse - (Reithrodontomys montanus)

Texas Mouse - (Peromyscus attwateri)

Brush Mouse - (Peromyscus boylii)

Cactus Mouse - (Peromyscus eremicus)

Cotton Mouse - (Peromyscus gossypinus)

White-footed Mouse - (Peromyscus leucopus)

Deer Mouse - (Peromyscus maniculatus)

Northern Rock Mouse - (Peromyscus nasutus)

White-ankled Mouse - (Peromyscus pectoralis)

Pinon Mouse - (Peromyscus truei)

Golden Mouse - (Ochrotomys nuttalli)

Northern Pygmy Mouse - (Baiomys taylori)

Mearns' Grasshopper Mouse - (Onychomys arenicola)

Northern Grasshopper Mouse - (Onychomys leucogaster)

White-throated Woodrat - (Neotoma albigula)

Eastern Woodrat - (Neotoma floridana)

Mexican Woodrat - (Neotoma mexicana)

Southern Plains Woodrat - (Neotoma micropus)

Mexican Vole - (Microtus mexicanus)

Prairie Vole - (Microtus ochrogaster)

Woodland Vole - (Microtus pinetorum)

Porcupine Family

Porcupine - (Erethizon dorsatum)

Order Carnivora - CARNIVORES

Dog Family

Coyote - (Canis latrans)

Cat Family

Mountain Lion - (Felis concolor)

Bobcat - (Lynx rufus)

§65.332. Violations and Penalties. A person who violates any provision of this subchapter commits an offense and is subject to the penalties provided by Parks and Wildlife Code, §67.005

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or
512-389-4642


Commission Agenda Item No. 2
Exhibit B

Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes an amendment to §53.80, concerning Miscellaneous Wildlife Licenses and Permits. The amendment is necessary to set the fees for commercial collector and commercial dealer permits for nongame wildlife. The new section will function to establish a fee of $15 for a commercial collection permit and a fee of $50 for a commercial dealer’s permit.

2. Fiscal Note.

Robert Macdonald, Wildlife Division regulations coordinator, has determined that for each of the first five years that the proposed new section is in effect, there will be no negative fiscal implications to state or local governments as a result of enforcing or administering the proposed new section. Since the permits are new, there is no historical data upon which to base an estimate of revenue to the agency.

3. Public Benefit - Cost Note.

Mr. Macdonald also has determined that for each of the first five years the new rules as proposed are in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be the acquisition of data that will provide a basis for the management of the nongame wildlife of the state and allow the department to determine what, if any, additional regulatory measures are needed.

(B) There will be an effect on small businesses and additional economic costs to persons required to comply with the rules as proposed; specifically, the $15 cost of acquiring a resident commercial collection permit ($50 nonresident), or the $50 cost of acquiring a resident nongame dealer permit ($200 nonresident).

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comments.

Comments on the proposed rules may be submitted to Matt Wagner, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4396 or 1-800-792-1112.

5. Statutory Authority.

The new sections are proposed under Parks and Wildlife Code, Chapter 67, which provides the commission with authority to establish any limits on the take, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife.

The new sections affect Parks and Wildlife Code, Chapter 67.

§53.80. Miscellaneous Wildlife Licenses and Permits.

(a) Deer management permit. The following permit application processing fee amounts are effective beginning September 1, 1998, and thereafter. Permit application processing fees (fees also prescribed in Chapter 65 of this title (relating to Wildlife)):

(1) application for deer management permit - $1,000; and

(2) renewal of deer management permit - $500.

(b) The following fees (also prescribed in Chapter 65 of this title) are effective upon adoption and thereafter:

(1) resident nongame commercial collector’s permit - $15;

(2) nonresident nongame commercial collector’s permit - $50;

(3) resident nongame commercial dealer’s permit - $50; and

(4) nonresident nongame commercial dealer’s permit - $200.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or
512-389-4642


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