Wildlife Code - Proposed Regulation Changes

Body

The Missouri Department of Conservation follows the Secretary of State’s established process for making changes to the Code of State Regulations. This process calls for state agencies to conduct a 30-day public comment period for each proposed rule, amendment, or rescission and to consider those comments prior to filing a final order of rulemaking.

3 CSR 10- 5.360: Resident Archer’s Hunting Permit
Summary:

This amendment removes turkeys from this archery permit in conjunction with allowing archery methods for turkey hunting under 3 CSR 10-5.365 Resident Turkey Hunting Permits.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

To pursue, take, possess and transport deer[and wild turkey] during the fall deer[and turkey] archery season and small game during prescribed seasons, and to sell furbearers taken by hunting. Fee: twenty dollars and fifty cents ($20.50).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule was previously filed as 3 CSR 10-5.260. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will cost private entities an estimated range of thirty thousand nine hundred fifty-four dollars ($30,954) as a minimum to a maximum of three hundred nine thousand five hundred nineteen dollars ($309,519) annually, in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title: Chapter 5—Wildlife Code: Permits

Rule Number and Name:3 CSR 10-5.360 Resident Archer’s Hunting Permit
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Range of 2,281 to 22,809Individuals that potentially may need to purchase a Resident Fall Turkey Hunting Permit to utilize archery methods as they previously received turkey permits with the Archer’s Hunting Permits.Range of $30,954 to $309,519 annually, in the aggregate

III.        WORKSHEET

Range Maximum (100%):

[21,408 (number of hunters that potentially may purchase a Resident Fall Turkey Hunting Permit) X $14 (cost of Resident Fall Turkey Hunting Permit)] + [1,401 (number of youth hunters that potentially may purchase a Resident Fall Turkey Hunting Permit) X $7.00 (cost of youth Resident Fall Turkey Hunting Permit)] = $299,712 + $9,807= $309,519

Range Minimum (10%):

[2,141 (number of hunters that potentially may purchase a Resident Fall Turkey Hunting Permit) X $14 (cost of Resident Fall Turkey Hunting Permit)] + [140 (number of youth hunters that potentially may purchase a Resident Fall Turkey Hunting Permit) X $7.00 (cost of youth Resident Fall Turkey Hunting Permit)] = $29,974 + $980= $30,954

  1. ASSUMPTIONS

For calendar year 2022, there were 21,408 residents and 1,401 resident youth, or 22,809 total, that harvested a turkey utilizing a Resident Archer’s Hunting Permit but did not purchase a Resident Fall Turkey Firearms Permit. If the proposed amendment is adopted then those hunters wishing to harvest a turkey with archery methods would now need to purchase a Resident Fall Turkey Permit (proposed title change from Resident Fall Turkey Firearms Permit). We do not expect 22,809 individuals to now purchase a Resident Fall Turkey Hunting Permit based upon anecdotal reports that most turkeys historically taken on a Resident Archer’s Hunting Permit were opportunistically taken by deer hunters. For the purpose of this fiscal note, we will estimate a range for those individuals who may now choose to purchase a Resident Fall Turkey Hunting Permit. As such, 22,809 (100%) we will estimate to be the maximum, and we will use 10% (2,281) of those individuals to be the estimated minimum.

 

Official public comment period: February 2, 2024 to March 2, 2024
3 CSR 10- 5.365: Resident Turkey Hunting Permits
Summary:

PURPOSE: The amendment removes the term firearm from the Purpose Statement for clarity that archery methods may be used under this permit.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

PURPOSE: This rule establishes a permit for hunting turkeys during the [firearms]prescribed seasons by residents of the state. 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule was previously filed as 3 CSR 10-5.266. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

 

PUBLC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. All private entity costs for residents that are associated with consolidating turkeys under one permit for the Fall turkey hunting season have been reported in the proposed amendment for 3 CSR 10-5.360 Resident Archer’s Hunting Permit.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: February 2, 2024 to March 2, 2024
3 CSR 10- 5.560: Nonresident Archer’s Hunting Permit
Summary:

PURPOSE: This amendment removes turkeys from this archery permit in conjunction with allowing archery methods for turkey hunting under 3 CSR 10-5.565 Nonresident Turkey Hunting Permits.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

PURPOSE: This rule establishes a deer[, turkey,] and small game hunting permit for nonresident archers. 

To pursue, take, possess, and transport deer [and wild turkey] during the fall deer [and turkey] archery season and small game (except furbearers) during prescribed seasons. Fee: two hundred sixty-five dollars ($265).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule was previously filed as 3 CSR 10-5.275. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will cost private entities an estimated range of sixty-two thousand one hundred forty-three dollars ($62,143) as a minimum to a maximum of six hundred twenty thousand seven hundred seventeen dollars and fifty cents ($620,717.50) annually.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title: Chapter 5—Wildlife Code: Permits

Rule Number and Name:3 CSR 10-5.560 Nonresident Archer’s Hunting Permit
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Range of 470 to 4,690Individuals that potentially may need to purchase a Nonresident Fall Turkey Hunting Permit to utilize archery methods as they previously received turkey permits with the Nonresident Archer’s Hunting Permits.Range of $62,143 to $620,717.50 annually 

III.        WORKSHEET

Range Maximum (100%):

[4,575 (number of hunters that potentially may purchase a Nonresident Fall Turkey Hunting Permit) X $135.50 (cost of Nonresident Fall Turkey Hunting Permit)] + [115 (number of youth hunters that potentially may purchase a Nonresident Fall Turkey Hunting Permit) X $7.00 (cost of youth Nonresident Fall Turkey Hunting Permit)] = $619,912.50 + $805 = $620,717.50

Range Minimum (10%):

[458 (number of hunters that potentially may purchase a Nonresident Fall Turkey Hunting Permit) X $135.50 (cost of Nonresident Fall Turkey Hunting Permit)] + [12 (number of youth hunters that potentially may purchase a Nonresident Fall Turkey Hunting Permit) X $7.00 (cost of youth Nonresident Fall Turkey Hunting Permit)] = $62,059 + $84 = $62,143

  1. ASSUMPTIONS

For calendar year 2022, there were 4,575 nonresidents and 115 nonresident youth, or 4,690 total, that harvested a turkey utilizing a Nonresident Archer’s Hunting Permit but did not purchase a Nonresident Fall Turkey Firearms Permit. If the proposed amendment is adopted then those hunters wishing to harvest a turkey with archery methods would now need to purchase a Nonresident Fall Turkey Permit (proposed title change from Nonresident Fall Turkey Firearms Permit). We do not expect 4,690 individuals to now purchase a Nonresident Fall Turkey Hunting Permit, based upon anecdotal reports that most turkeys historically taken on a Nonresident Archer’s Hunting Permit were opportunistically taken by deer. For the purpose of this fiscal note, we will estimate a range for those individuals who may now choose to purchase a Nonresident Fall Turkey Hunting Permit. As such, 4,690 (100%) we will estimate to be the maximum, and we will use 10% (470) of those individuals to be the estimated minimum.

Official public comment period: February 2, 2024 to March 2, 2024
3 CSR 10- 5.565: Nonresident Turkey Hunting Permits
Summary:

PURPOSE: The amendment removes the term firearm from the Purpose Statement for clarity that archery methods may be used under this permit.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Amendment

PURPOSE: This rule establishes a permit for hunting turkeys during the [firearms]prescribed seasons by nonresidents. 

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. This rule was previously filed as 3 CSR 10-5.267. This version of rule filed July 22, 1974, effective Dec. 31, 1974. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. All private entity costs for nonresidents that are associated with consolidating turkeys under one permit for the Fall turkey hunting season have been reported in the proposed amendment for 3 CSR 10-5.560 Nonresident Archer’s Hunting Permit.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

Official public comment period: February 2, 2024 to March 2, 2024
3 CSR 10- 5.579: Nonresident Landowner Turkey Hunting Permits
Summary:

PURPOSE: The amendment removes the term firearm from the Title and Purpose Statement for clarity that archery methods may be used under this permit.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Rule

3 CSR 10-5.579 Nonresident Landowner [Firearms] Turkey Hunting Permits.

Purpose: This rule creates a [new] Nonresident Landowner [Firearms] Turkey Hunting Permit for use on the landowner’s qualifying property at a reduced fee compared to a Nonresident [Firearms] Turkey Hunting Permit.

(1) To pursue, take, possess, and transport wild turkey from qualifying land during the prescribed season, by nonresident landowners as defined in this Code. 

(A) Spring Season Permit. Fee: one hundred seventy-two dollars ($172).

(B) Fall Season Permit. Fee: one hundred dollars ($100).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed July 19, 2000, effective March 1, 2001. A. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. All private entity costs for nonresident landowners that are associated with consolidating turkeys under one permit for the Fall turkey hunting season have been reported in the proposed amendment for 3 CSR 10-5.580 Nonresident Landowner Archer’s Hunting Permit.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: February 2, 2024 to March 2, 2024
3 CSR 10- 5.580: Nonresident Landowner Archer’s Hunting Permit
Summary:

PURPOSE: This amendment removes turkeys from this archery permit in conjunction with allowing archery methods for turkey hunting under 3 CSR 10-5.579.

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 5—Wildlife Code: Permits

Proposed Rule

To pursue, take, possess, and transport deer [and wild turkey] from qualifying land during the fall deer [and turkey] archery season and small game (except furbearers) from qualifying land during prescribed seasons, by nonresident landowners as defined in this Code. Fee: two hundred three dollars and fifty cents ($203.50).

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. Original rule filed July 19, 2000, effective March 1, 2001. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

PUBLIC ENTITY COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE ENTITY COST: This proposed amendment will cost private entities an estimated range of one thousand three hundred dollars ($1,300) as a minimum to a maximum of thirteen thousand dollars ($13,000) annually.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

 

FISCAL NOTE

PRIVATE ENTITY COST

I.          Department Title: Department of Conservation

Division Title: Division 10 – Conservation Commission

Chapter Title: Chapter 5—Wildlife Code: Permits

Rule Number and Name:3 CSR 10-5.580 Nonresident Landowner Archer’s Hunting Permit
Type of Rulemaking:Proposed Amendment

II.         SUMMARY OF FISCAL IMPACT

Estimate of the number of entities by class which would likely be affected by the adoption of the proposed rule:Classification by types of the business entities which would likely be affected:Estimate in the aggregate as to the cost of compliance with the rule by the affected entities:
Range of 13 to 130Individuals that potentially may need to purchase a Nonresident Landowner Fall Turkey Hunting Permit to utilize archery methods as they previously received turkey permits with the Nonresident Landowner Archer’s Hunting Permits.Range of $1,300 to $13,000 annually 

III.        WORKSHEET

Range Maximum (100%):

130 (number of hunters that potentially may purchase a Nonresident Landowner Fall Turkey Hunting Permit) X $100 (cost of Nonresident Landowner Fall Turkey Hunting Permit) = $13,000

Range Minimum (10%):

13 (number of hunters that potentially may purchase a Nonresident Landowner Fall Turkey Hunting Permit) X $100 (cost of Nonresident Landowner Fall Turkey Hunting Permit) = $1,300

  1. ASSUMPTIONS

For calendar year 2022, there were 130 nonresidents that harvested a turkey utilizing a Nonresident Landowner Archer’s Hunting Permit but did not purchase a Nonresident Landowner Fall Turkey Firearms Permit. If the proposed amendment is adopted then those hunters wishing to harvest a turkey with archery methods would now need to purchase a Nonresident Landowner Fall Turkey Permit (proposed title change from Nonresident Landowner Fall Turkey Firearms Permit). We do not expect 130 individuals to now purchase a Nonresident Landowner Fall Turkey Hunting Permit based upon anecdotal reports that most turkeys historically taken on a Nonresident Landowner Archer’s Hunting Permit were opportunistically taken by deer hunters. For the purpose of this fiscal note, we will estimate a range for those individuals who may now choose to purchase a Nonresident Landowner Fall Turkey Hunting Permit. As such, 130 (100%) we will estimate to be the maximum, and we will use 10% (13) of those individuals to be the estimated minimum.

Official public comment period: February 2, 2024 to March 2, 2024
3 CSR 10- 7.455: Turkeys: Seasons, Methods, Limits
Summary:

PURPOSE: This amendment reorganizes the Fall turkey hunting season verbiage for clarity given proposed consolidation of the Fall turkey hunting permits. 

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 7—Wildlife Code: Hunting: Seasons, Methods, Limits

Proposed Amendment

(1) Turkeys may be pursued, taken, killed, possessed, or transported only as permitted in this rule.

(A) Spring Season. A person possessing the prescribed turkey hunting permit may take two (2) male turkeys or turkeys with visible beards from April 15 through May 5, 2024; provided only one (1) turkey may be taken before April 22, 2024 and only one (1) turkey may be taken per day. A turkey taken during a managed hunt will count towards an individual’s spring season bag limit. Turkeys may be taken only by shotgun, with shot no larger than No. 4, atlatl, crossbow, or bow; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to 1:00 p.m. Central Daylight Time (CDT) on public lands and from one-half (1/2) hour before sunrise to sunset on private lands. Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys.

 (B) Fall [Firearms] Season. [Fall season annually will be October 1 through October 31. A person possessing the prescribed turkey hunting permit may take two (2) turkeys of either sex during the season. Turkeys may be taken only by shotgun, with shot no larger than No. 4, atlatl, bow, or crossbow; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to sunset in all counties except: Dunklin, McDonald, Mississippi, New Madrid, Newton, Pemiscot, and Scott. Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys. A person, while in the act of pursuing or hunting turkey on a fall firearms permit, shall not have both a firearm, and an atlatl, bow, or crossbow on his/her person except any person may carry concealable firearms, as defined in Chapter 571 RSMo, on or about his/her person while hunting. Firearms possessed under this exception may not be used to take wildlife while hunting with an atlatl, bow, or crossbow.]The fall season is comprised of two (2) portions. A person possessing the prescribed turkey hunting permit may take only two (2) turkeys of either sex during the fall season.

            1. Archery Portion: September 15 through January 15, excluding the dates of the November portion of the firearms deer season. Turkeys may be taken only by atlatls, bows, and crossbows; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. Possession of electronic calls is prohibited while hunting turkeys. 

            2. Firearms Portion: October 1 through October 31 in all counties except Dunklin, McDonald, Mississippi, New Madrid, Newton, Pemiscot, and Scott. Turkeys may be taken only by shotgun, with shot no larger than No. 4; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to sunset. Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys.

            3A person, while in the act of pursuing or hunting turkey during the fall season, shall not have both a firearm, and an atlatl, bow, or crossbow on his/her person except any person may carry concealable firearms, as defined in Chapter 571 RSMo, on or about his/her person while hunting. Firearms possessed under this exception may not be used to take wildlife.

[(C) Fall Archery Season. A person possessing the prescribed archer’s hunting permit may take two (2) turkeys of either sex from September 15 through January 15, excluding the dates of the November portion of the firearms deer season. Turkeys may be taken only by atlatls, bows, and crossbows; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. Possession of electronic calls is prohibited while hunting turkeys. An archer, while in the act of pursuing or hunting turkey on an archer’s permit, shall not have a firearm on his/her person except any person may carry concealable firearms, as defined in Chapter 571 RSMo, on or about his/her person while hunting. Firearms possessed under this exception may not be used to take wildlife while hunting with an atlatl, bow, or crossbow.] 

 [(D)](C) Youth Spring Season. The two- (2-) day youth spring season will be from April 6 through 7, 2024. Any person possessing the prescribed turkey hunting permit and who is at least six (6) but not older than fifteen (15) years of age on the opening day of the youth spring season may take only one (1) male turkey or turkey with visible beard during the youth spring season. A turkey harvested during the youth spring season will count towards an individual’s spring season bag limit; individuals hunting under the prescribed turkey hunting permit may not harvest a second bird before April 22, 2024. Turkeys may be taken only by shotgun with shot no larger than No. 4, atlatl, crossbow, or bow; without the use of dogs (except for the recovery of wounded turkey as specifically authorized by 3 CSR 10-7.410), bait, electronic calls, or live decoys; from one-half (1/2) hour before sunrise to sunset. Possession of electronic calls or shotshells loaded with shot larger than No. 4 is prohibited while hunting turkeys.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Dec. 15, 1975, effective Dec. 31, 1975. For intervening history, please consult the Code of State Regulations. Amended: Filed December 19, 2023.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate. 

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: February 2, 2024 to March 2, 2024
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