Cape Breton Fish Harvesters Association

Cape Breton Fish Harvesters Association The CBFHA is an accredited non-profit association managed by a volunteer board of fish harvesters

12/12/2024

Federal fisheries officers in Nova Scotia and New Brunswick refused to show up for work Wednesday morning.

Multiple sources told The Chronicle Herald that all or nearly all officers in the area took part in the job action that is in solidarity with two fellow officers handed suspensions for their role in the arrest of two
Indigenous elver fishers last March.

Neither Fisheries and Oceans Canada nor the Union of Health and Environment Workers, which represents fisheries officers, were able to confirm the work stoppage Monday morning.

The two officers were allegedly involved in the arrest of Kevin Hartling of Membertou First Nation and Blaise Sylliboy of Eskasoni First Nation.

The two men travelled from Cape Breton to the South Shore in March to fish elvers, juvenile American eels that are worth thousands of dollars a kilogram.

Canada's elver season was closed. In February, federal Fisheries Minister Diane Lebouthillier announced there would be no season in 2024 due to the rampant unlicensed harvesting and violence on East Coast rivers that had characterized the 2023 season.

According to an interview with Sylliboy and Hartling by the Aboriginal Peoples Television Network, the two were arrested for fishing elvers on March 26, had their boots confiscated and were left at a gas station in Shelburne County in the middle of the night.

"I told (the fisheries officer) like, 'You're really going to leave me here with no shoes at the Irving station?'" Sylliboy told APTN in April.

"He said, 'You know the consequences man.... That's your fault,' and I was just like, 'Man, why would you leave somebody like that?'"

The two, who acknowledged they had been fishing elvers in defiance of the closed season, were not charged with any Fisheries Act offenses.
They told APTN they walked for hours during the night with plastic bags and cardboard on their feet before being picked up and driven to Shelburne.

Sylliboy then called his mother and asked for help.
The fisheries officers' account of what occurred has not been released by DFO.

On April 2, shortly after the incident, Prime Minister Justin Trudeau was in Dartmouth to make a housing announcement. He was confronted by First Nations members protesting the treatment of Sylliboy and Hartling. He promised a "full investigation" into the incident.

On July 8, Lebouthillier issued a statement promising an external review of the incident, including "the conduct of the DFO fishery officers involved, as well as DO policies, enforcement practices, and procedures to eradicate the potential for systemic biases or racism."

The "whole-of-government team" would include members from four federal departments, involve First Nations governments and deliver an independent report.

That report hasn't been released publicly.

Shortly after that announcement, dozens of frontline fisheries officers across the Maritimes submitted refusal-to-work forms under Section 128 (6) of the Canada Labour Code, claiming unsafe conditions and a lack of support from senior management. They also said comments by Lebouthillier were making their jobs more dangerous.

One of the refusal-to-work letters obtained by The Chronicle Herald described the pushback faced by fisheries officers as they attempted to enforce the Fisheries Act on unlicensed fishers.

"These have included physical acts of violence against officers," reads the letter.

"Attempted assaults using vehicles and vessels.
Harvesters attempting to disarm fishery officers from their sidearms, utterances of violence and death threats towards officers and their families."

The officers were seeking body cameras to record their interactions, armour capable of stopping high-powered rifle rounds and drug training.

The work stoppage continued for months as a large-scale unlicensed lobster fishery was conducted on St.
Mary's Bay and DFO continually claimed that it was still enforcing the Fisheries Act.

According to Shimen Fayad, president of the Union of Health and Environment Workers, DFO management continued to deny the dangers faced by its officers.

The work stoppage ended in mid-October when a senior investigator with Employment and Social Development Canada found dangers did exist and issued a directive to DFO to take measures to correct the conditions immediately.

Wednesday's job action by fisheries officers comes as the country's most valuable lobster fishery heats up in lobster fishing areas 33 and 34 off Nova Scotia.

United Fisheries Conservation Alliance spokesman Colin Sproul said Wednesday that fishermen support fisheries officers.

➡️”We firmly support the enforcement actions of frontline (Conservation and Protection officers)," said Sproul.

"We know they've had their hands tied behind their backs by the fisheries minister and Prime Minister's Office and they're trying to do the best they can with the limited tools available."

The Chronicle Herald was not able to reach anyone from the Assembly of Nova Scotia Mi'kmaw Chiefs for comment.

However, at the protest last April, Millbrook Chief Bob Gloade said, "First thing we're looking for is those individuals responsible to be immediately fired from DFO and be accountable for their actions. The next thing we need to do is to continue to emphasize to DFO that our rights supersede the DFO rules and regulations and how they manage the fisheries."

12/12/2024

The First Nation at the centre of a highly contentious out-of-season lobster fishery in southwest Nova Scotia says mediation with the federal government is bearing fruit, with lengthy meetings between both sides leading to the first "meaningful dialogue" in 25 years.

The comments from the lawyer for Sipekne'katik First Nation come in a letter to a Nova Scotia Supreme Court judge that asks that litigation launched by the band against the federal government in 2021 be paused for another six months to allow negotiations to continue.

The two sides, along with intervenor Unified Fisheries Conservation Alliance, which represents commercial fishing interests, are expected to discuss the time extension in court this morning.

Sipekne'katik First Nation launched its summer and fall fishery in St. Marys Bay in southwest Nova Scotia in 2020. It runs outside of the commercial season in the area, which begins in late November.

The band has claimed the Mi'kmaq have a treaty right to fish lobster for a moderate livelihood, citing the 1999 Supreme Court of Canada decision in the Marshall case. Many commercial fishermen are opposed to Sipekne'katik's fishery, and there's been major tensions in the area.

The band sued the federal government, seeking a declaration from the court that the federal Fisheries Act and regulations infringe on the treaty right to fish lobster for a moderate livelihood, including the prohibition on catching and holding lobsters without a licence and fishing outside of a commercial season.

➡️17 MEETINGS

A trial was due to begin next May. But earlier this year, Justice John Keith paused the litigation — at the request of both Sipekne'katik and the federal government — until today, after both requested time to try to negotiate a resolution instead of heading to trial.

In the letter to the court, Ronald Pink, the band's lawyer, said Sipekne'katik and the federal government, including three Department Fisheries and Oceans officials, have met 17 times since June, with meetings often lasting between six and seven hours.

The relationship between Sipekne'katik and the federal government has not been "healthy" since the Marshall decision, the letter said, but the meetings are leading to "significant progress," although the dispute is not yet resolved.

"The progress made to date and moving forward from our 25 years of impasse is immeasurable, and thanks to the commitment of both parties," the letter said.

The Unified Fisheries Conservation Alliance has been heavily opposed to the Sipekne'katik fishery. In August, it sued the band and its chief, Michelle Glasgow, and wants a judge to declare the fishery unlawful.

The lawsuit claims lobster stocks in St. Marys Bay have been hurt, forcing 30 licensed commercial fishermen to "abandon" the area, harming the incomes of those that remain and leading to the closure of a lobster processing business in the area.

12/04/2024

UFCA to hear what progress in mediation has occurred, if any.

Earlier this year, a Nova Scotia Supreme Court judge granted a joint request from the Sipekne'katik First Nation and the Attorney General of Canada to adjourn trial dates that aimed to settle treaty fishing rights disputes. The court granted the involved parties until December 12, 2024, to have a defined and active mediation process in place, if not, proceeding with litigation would be re-examined.

11/06/2024
09/28/2024

The abdication by DFO to manage the fishery, as it has every right to do under the Marshall decision by the Supreme Court, and the failure by the Department of Justice to prosecute Indigenous violators is absolutely shameful.

There is no incentive whatsoever for DFO enforcement officers to do their jobs under this no-win scenario. Why would they? What’s the incentive when they have absolutely no backing at the ministerial level?

The original Marshall decision was perfectly clear that DFO had the right and responsibility to manage the fisheries while permitting treaty rights access to the resource for ceremonial purposes and a moderate livelihood. Perfectly clear for reasonable minds.

But as unnecessary as it was (and I challenge the legal beagles on this) a clarification from the Supreme Court was sought and obtained. The supremacy of DFO in the management of an orderly fishery was confirmed.

Political management destroyed the cod fishery, and political management is at the root of the free-for-all involving Indigenous fishers in the lobster and elvers fisheries.

➡️Carl Goodwin (Retired chief DFO enforcement), Halifax

09/28/2024
09/28/2024

Fishing industry reps walked out of a meeting with DFO in Halifax.

It happened Tuesday morning after the Maritimes Lobster Advisory Committee requested a discussion on illegal fishing in the Maritimes.

DFO officials didn’t change the agenda, prompting the industry leaders to protest the meeting.

Dan Fleck with the Brazil Rock LFA 33/34 association says there was a smaller meeting between the two sides later in the day.

“We heard many of the same company lines. We’ll see if anything changes. The lobster fishery is the most important industry in Nova Scotia, and it deserves proper management,” said Fleck.

In a release, industry reps say they are ready to return to the table with advice on management of the lobster fishery.

But they say the discussion has to start with a plan to end black market, out of season fishing.

This comes after Federal minister Diane Lebouthillier wrote to provincial minister Kent Smith, saying Nova Scotia needs to regulate or eliminate cash transactions in the fishery.

Smith has been calling for more enforcement on the water from the feds.

Fleck says Lebouthillier’s response was improper.

“Way off the mark. Missed what Minister Smith had requested. Our opinion is that if you deal with this problem on the water, you won’t have a problem on shore.”

Illegal fishing has been a problem in St. Mary’s Bay, Digby County.

Minister Smith, the industry and Conservative MPs have expressed their frustrations with what they feel is a lack of action from DFO on the issue.

They say it’s led to crime in the Clare area.

DFO have maintained they are providing enforcement on the water, and are making arrests and seizures.

On Behalf of the following Inshore Fishing Associations:🔳Bay of Fundy Inshore Fishermen’s Association🔳Brazil Rock 33/34 ...
09/25/2024

On Behalf of the following Inshore Fishing Associations:
🔳Bay of Fundy Inshore Fishermen’s Association
🔳Brazil Rock 33/34 Lobster Association
🔳Cape Breton Fish Harvester’s Association
🔳Coldwater Lobster Association
🔳Eastern Shore Fishermen’s Protective Association
🔳Fundy North Fishermen’s Association
🔳Grand Manan Fishermen’s Association
🔳Guysborough Co. Inshore Fishermen’s Association
🔳Maritime Fishermen’s Union
🔳Richmond Co. Inshore Fishermen’s Association
🔳Scotia Fundy Inshore Fishermen’s Association

09/25/2024
09/24/2024
09/24/2024
09/05/2024

In the vacuum of federal enforcement Americans are crossing into Canadian waters near New Brunswick to poach lobster.

Meanwhile from federally government-owned wharves around southwest Nova Scotia, dozens of vessels are landing thousands of pounds of lobster nightly outside of the commercial season.

Frontline Department of Fisheries and Oceans enforcement officers stationed around the Bay of Fundy continue to refuse to do enforcement patrols saying a lack of support from top DFO brass and federal Fisheries Minister Diane Lebouthillier is endangering their lives.

Despite being in Halifax last week for a federal Liberal cabinet retreat, Lebouthillier refused interviews on the issue and did not meet with fishermen’s associations.

The lawlessness comes as the commercial lobster season off southwest Nova Scotia, Canada’s most valuable fishery, prepares to open at the beginning of November.

“Yes, American fishermen are coming,” said Amanda Johnson, executive director of the Fundy North Fishermen’s Association.

“The issue is we don’t have (conservation and protection) enforcement.”

Fundy North represents lobster fishermen and other species licence holders in LFA 26, which runs along New Brunswick’s Bay of Fundy coast from Alma to the American border.

She said American fishermen sneaking across from Maine to set traps inside Canadian waters has long been an issue, but it has increased over recent weeks with federal fisheries officers not conducting enforcement patrols.

That’s on top of a First Nations fishery being conducted in the area and non-rights-holding poachers.

Johnson has been sending the co-ordinates of illegally set gear to Fisheries and Oceans Canada but the federal body responsible for enforcement on the water won’t even tell them whether officers are working in the area.

“DFO is responsible for the orderly management of the fishery and I can say I speak for all our members when I say we don’t feel they’re doing that,” said Johnson.

For its part, DFO claims that it does have officers working in the Bay of Fundy and off Southwest Nova Scotia.

“Some fishery officers in DFO’s Maritimes Region continue to refuse certain work citing concerns for their safety, while others are still working in the field, including in Southwest Nova Scotia,” reads a statement from DFO spokeswoman Lauren Sankey.

"When an employee refuses work, based on dangerous working conditions, we are obligated to investigate any such report and are doing so expeditiously, in accordance with all relevant legislative obligations to employees. While the investigation is underway, the Department continues enforcement work in accordance with the Fisheries Act.”

Sankey pointed to a social media post by DFO last week saying that a vessel had been seized in St. Mary’s Bay and three people were arrested on Aug. 27.

But the fishing community isn’t buying it.

“At this point, none of the statements by DFO is being believed by fishermen or the communities (of southwest Nova Scotia),” said Colin Sproul, president of the Unified Fisheries Conservation Alliance.

“Every night since that seizure we’ve videotaped the removal of upwards of 20,000 lbs of lobster over the wharf in Saulnierville. In these communities there is total lawlessness. All DFO is doing is generating an image of enforcement.”

➡️Sproul said upwards of 25 boats are fishing out of the federally government-owned Saulnierville wharf alone, landing their lobster and shipping them out without any intervention.

In a letter to Lebouthillier two weeks ago provincial Fisheries Minister Kent Smith called on her government to start enforcing the law.

“The illegal fishery has entrenched itself in the community of Clare and neighbouring area in Nova Scotia. The inability of the Department of Fisheries and Oceans to prevent even a portion of the illegal and out-of-season harvesting of lobster in this region over the past years has enabled and emboldened the growth of organized crime that is terrorizing the community,” wrote Smith.

“I am hearing directly from fishers that have been threatened, that have had property damaged and that live in constant fear of repercussions for speaking out. Again, this issue is well known by you and your department. It has been continuously raised by harvesters, industry associations (both harvester and processor, my department, myself and others.”

Smith went further, calling on Lebouthillier to support her own enforcement officers.

“I want to be clear that this letter is not a criticism of the hard-working frontline enforcement officers at DFO and other enforcement agencies,” wrote Smith.

“They are experiencing these issues firsthand and as evidenced by recent refuse-to-work actions, do not feel supported by yourself and the senior management of your department. These officers live and work in the communities where these illegal activities take place and as such, are themselves exposed to potentially threatening and unsafe situations while carrying out their duties and in their personal lives. They have a vested interest in real and meaningful action to prevent it. They should be adequately resourced and supported to do this difficult and extremely important job.”

Sources have told the Chronicle Herald that the frontline officers are requesting body-worn cameras to record their interactions with unlicensed harvesters, body armour capable of stopping high-powered rifle rounds and drug training.

A copy of a Canada Labour Code refusal to work letter submitted by officers obtained by the Chronicle Herald lays out what they are facing.

“These have included physical acts of violence against officers, attempted assaults using vehicles and vessels, harvesters attempting to disarm fishery officers from their side-arms, utterances of violence and death threats towards officers and their families,” reads the letter.

↪️It goes on to state that fisheries officers have no support from senior DFO management and that public statements made by Lebouthillier have made their jobs more unsafe.

Lebouthillier's only comments on the issue came in response to the Chronicle Herald questioning her at a Canadian Council of Fisheries and Aquaculture Ministers meeting in Prince Edward Island early last month.

Lebouthillier answered the question in French, so the quotations come through a federal government translator.

“We are working closely with the government of the province,” said Lebouthillier. “And we will continue. We will continue to work on these difficult areas. What is important for me is to ensure there is peace on the water. The work will continue.”

Lebouthillier didn’t offer any specifics on what she intends to do to or whether those fishing and selling their catch without DFO-approved licences would be charged and prosecuted under the Fisheries Act.

But in his letter Smith said he "took issue" with Lebouthillier's response to the Chronicle Herald question, saying that the federal government has not been working with the province in an earnest way on enforcement.

Smith noted in his letter that his department’s average wait time for a response from Lebouthillier has been six months, and called on her to respond quicker.

Lebouthillier has not yet responded publicly to Smith’s letter. She is the sixth Liberal fisheries minister in nine years.

➡️“This is the government that sent an icebreaker to deal with out-of-season fishing last year,” said Sproul.
“It is a perfect example of them seeking to create the perception of enforcement when they have no actual enforcement assets in the area.”

08/29/2024
08/14/2024

"Lawlessness on the water as DFO officers allege federal fisheries minister making their jobs unsafe
Frontline DFO officers are alleging that federal Fisheries Minister Diane Lebouthillier and top department brass are putting them in danger.
Officers at an undetermined number of detachments around southern Nova Scotia submitted notices refusing to perform unsafe work over two weeks ago under section 128 (6) of the Canada Labour Code.
They are refusing to conduct enforcement patrols, citing rising violence against them and threats of violence against their families by unlicensed fishers.
“These have included physical acts of violence against officers, attempted assaults using vehicles and vessels, harvesters attempting to disarm fishery officers from their side-arms, utterances of violence and death threats towards officers and their families,” reads a refusal to do unsafe work letter sent by front-line officers to DFO management and obtained by The Chronicle Herald.
“These dangers not only affect the physical well-being of myself and my colleagues, but cause tremendous mental strain; compounding in serious mental health concerns.”
The letter goes on to state that fisheries officers have no support from senior DFO management and that public statements made by Lebouthillier have made their jobs more unsafe.
The letter appears to reference an announcement by Lebouthillier of an “all of government” investigation into a March 26incident where fisheries officers allegedly left two First Nations elver harvesters at a gas station with no cellphones and no boots.
The incident occurred as fisheries officers were attempting to crack down on illegal harvesting of juvenile American eels. Known as elvers, the eels can be caught with a dip net as they make their way into this province’s rivers each spring and they sell for thousands of dollars a kilogram to exporters who send them to China to be used as seedstock in aquaculture facilities there.
Over recent years, First Nations have declared a moderate livelihood right to catch the species.
DFO took 14 per cent of the quota from licensed commercial elver harvesters in 2022 without compensation and transferred it to First Nations. It has announced its intention to do the same with another 50 per cent of the quota next year.
Many First Nations members without access to any of that reallocated quota have continued fishing, claiming a moderate livelihood right.
With little apparent federal enforcement, large numbers of poachers who aren't First Nations members and don't have a rights-based claim to the resource have also taken to the rivers.
Violence on this province’s rivers has gotten successively worse each of the last five years with shootings, kidnappings, RCMP reports of biker gangs seeking involvement and widespread carrying of fi****ms by unlicensed harvesters, leading to the fishery’s early closure in 2023.
Lebouthillier did not open the commercial fishery at all this year, citing last year’s violence and concerns about DFO’s inability to enforce an orderly fishery.
After being raked over the coals by MPs on the House of Commons Standing Committee on Fisheries and Oceans in February for losing control of the fishery, DFO brass ordered fisheries officers to crack down on unlicensed harvesters who took to rivers this spring despite the season being cancelled.
While making a housing announcement in Dartmouth on April 2, Prime Minister Justin Trudeau was confronted by First Nations members protesting their treatment by DFO officers. Questioned by reporters on the March 26 incident at the gas station, Trudeau said, “these reports are very troubling" and there needed to be a "full investigation."
Then on July 8, Lebouthillier made the following announcement: “… the Government of Canada will be launching a comprehensive external review to examine the events of March 26, 2024, the conduct of the DFO fishery officers involved, as well as DFO policies, enforcement practices, and procedures to eradicate the potential for systemic biases or racism.”
The letter of refusal to do unsafe work states that a lack of support from the highest levels of DFO management, along with comments from the minister, are making their job more dangerous.
“These statements have further emboldened clients to resist enforcement actions of Fishery Officers, undermining the safety of Fishery Officers and resulting in ever increasing hostile encounters,” reads the letter.
“These incidents along with intelligence suggesting; weapons, organized crime/outlaw motorcycle gang influence, violence towards Fishery Officers and threats towards Fishery Officers have been well documented. These issues have also been brought to the attention of senior leadership, but our concerns have largely been ignored. I no longer feel it is safe to conduct my duties in the field, and if I act on policy and law, it has been made apparent my employer will not support my actions.”
Sources have told The Chronicle Herald that officers are seeking body armour capable of stopping high-powered rifle rounds, body-worn cameras to document their interactions with unlicensed harvesters and training in drugs.
Supervisors at the affected detachments are also refusing to do enforcement patrols in solidarity with their subordinates.
With no enforcement on the water, thousands of pounds of illegally caught lobster are now being landed daily at government wharves in Lower Saulnierville, Harbourville and Yarmouth.
According to Colin Sproul, president of the Unified Fisheries Conservation Alliance, a portion is being moved in broad daylight with rented trucks to meet up with licensed buyers who are mixing them with legally caught lobster.
Another “large portion” is being transshipped to southwest New Brunswick and sold as grey-zone lobster (lobster caught in disputed water between Canada and the United States).
“It’s heartbreaking for our membership to see this happening,” said Sproul on Wednesday.
“For generations, these families have invested money and time stewarding the resource these coastal communities rely upon. Now they’re seeing it destroyed under their noses with no consideration by government for the future of our children or coastal communities.”
Sources tell The Chronicle Herald that fisheries officers have been warned that speaking to the media about their current job action could lead to suspension.
However, retired fisheries officers are speaking out in their defence.
“We have told (senior DFO management) in the past countless times that the violence is getting worse, it's ramping up,” said Gary Hutchins, who retired as district supervisor at the Digby detachment in 2020 after 32 years with DFO.
“Now there is a sector of the community who believe they are untouchable. That DFO, the police won’t do anything.”
Hutchins said that in rural areas such as southwest Nova Scotia, everyone knows where the fisheries officers live. He said there have been incidents of officers’ personal property getting vandalized at their homes and that they are targeted when out in the community on their off time – by both commercial fishermen and unlicensed harvesters.
“The people at the very top running the department, the director general, the head of enforcement, the minister and deputy minister, they are doing nothing to support fishery officers in a way that helps them get their job done,” said Hutchins.
“The Fisheries Act is clear, the Aboriginal fisheries regulations are clear, the policies are clear. Fisheries officers can be enforcing and charging for a lot of those violations you’re seeing. But every time they do, someone at the regional level is making the decision in consultation with the minister’s office that they will drop the charges. So we go out make seizures, arrests, get assaulted, only to get ready to go to court and then someone in the department, from the regional director general on up, to say ‘we’ll drop charges as a gesture good faith so the bands will negotiate with us’.”
When fishing seasons open and fisheries officers begin inspections on wharves and on the water of licensed commercial fishermen, Hutchins said they then get accused of “ganging up” while allowing another segment of the population to fish outside of federal laws.
“(Lebouthillier) has labeled us as racist, then is sending (them) out to work,” Dan Fleck, who retired in 2020 as a district field supervisor after 32 years with DFO, told The Chronicle Herald on Monday.
“Why would we go out and risk life and limb to arrest people, do these things and then have no prosecution?”
The Assembly of Nova Scotia Mi’kmaq Chiefs declined a request for comment, calling it an “internal DFO matter,” in a written response.
In a written response on Monday, DFO acknowledged the refusal to work orders.
“Some fishery officers in Fisheries and Oceans Canada’s Maritimes Region are refusing work due to concerns about safety of their work,” reads the response.
“Workplace safety is of the highest importance to Fisheries and Oceans Canada (DFO). The Department makes every effort to provide for a secure and healthy work environment for our employees. DFO respects the right of employees to refuse dangerous work, and we take reports of dangerous work seriously.”
Four years ago when the Sipekne’katik First launched its own lobster fishery outside of federal regulations and the federal government was accused of inaction, violence erupted across the South Shore. Storage facilities being burned and commercial fishermen attempted to blockade the Lower Saulnierville wharf used by Sipekne’katik.
Yarmouth MLA Zach Churchill warned Monday that in the vacuum left by federal enforcement on the water and provincial unenforcement of lobster buying regulations, it could happen again.
“This a very volatile situation,” said Churchill.
“The lobster industry is the economic backbone of Yarmouth and the Acadian shore. We are in a situation right now where the enforcement agency isn’t enforcing the laws. It could have a serious impact on safety on the water, also on the lobster stock. This is happening during spawning season.”
Churchill called for the provincial government to set a high minimum fine for buyers caught purchasing lobster caught without a DFO-issued fishing licence and for a joint task force to be set up by the federal and provincial governments.�Provincial Fisheries Minister Kent Smith responded in a written statement, saying fines for the buying of lobster caught without a valid license range between $100,000 to $1 million.�Smith took aim at DFO as well, saying, "We’ve repeatedly called on the federal government to do more when it comes to enforcement and prosecutions of illegal activity. We expect them to step up and do their part."
© SaltWire Network"

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North Sydney, NS

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