Fisheries (Consolidation) Act, 1959

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Number 14 of 1959.

FISHERIES (CONSOLIDATION) ACT, 1959.

ARRANGEMENT OF SECTIONS

Part I

PRELIMINARY AND GENERAl

Section
1.	Short title.
2.	Commencement.
3.	Interpretation generally.
4.	Regulations.
5.	Repeals.
6.	Expenses.

Part II

MISCELLANEOUS POWERS AND DUTIES OF THE MINISTER

7.	Special tidal waters.
8.	Power of Minister to hold inquiries into fisheries.
9.	Power of Minister to make bye-laws for the government, management, protection and improvement of fisheries.
10.	Definitions of mouths of rivers, boundaries between tidal and freshwater portions of rivers, points of mouths of rivers from which distances are to be measured, etc.
11.	Provisions in relation to publication and deposit of bye-laws, etc., and appeal against bye-laws, etc.
12.	Regulations for fishing by holders of special local licences.
13.	Returns by holders of special local licences.
14.	Power of Minister to grant exemption permits for the purposes of artificial propagation, etc.
15.	Power of Minister to grant fish culture licences.
16.	Power of Minister to take on lease fisheries for research purposes.
17.	Power of Minister to restrict importation of live fish, etc.
18.	Annual report by the Minister.

Part III

FISHERY DISTRICTS AND ELECTORAL DIVISIONS

19.	Fishery districts and electoral divisions.
20.	Creation of new fishery districts and electoral divisions.

Part IV

BOARDS OF CONSERVATORS

21.	Construction of boards of conservators.
22.	Elections of conservators for electoral divisions to be held in each election year.
23.	Number of conservators for electoral divisions.
24.	Electorate for election of conservators for an electoral division and scale of votes.
25.	Residential or property qualification of conservators.
26.	Disqualification from election as a conservator.
27.	Triennial elections of conservators.
28.	On failure of election former conservators to act.
29.	Term of office of conservators.
30.	Disqualification of elected member of board of conservators on conviction of offence.
31.	Disqualification of conservator by non-attendance at meetings.
32.	Resignation of conservator for an electoral division.
33.	Casual vacancies amongst elected members.
34.	Certain rated occupiers to be ex officio conservators.
35.	Disqualification for acting as an ex officio conservator.
36.	Appointment of ex officio members in respect of the Shannon fisheries.
37.	Appointment of ex officio members in respect of other fisheries acquired by the Electricity Supply Board.
38.	Nomination of ex officio members by the Minister.
39.	Representation of trout anglers on board of conservators.
40.	Officers of board of conservators.
41.	Duties of clerk of a board of conservators.
42.	Treasurer of the board.
43.	Payments of licence duties, etc. to treasurer.
44.	Payments by treasurer.
45.	Payments in respect of special local licences to Minister by boards of conservators.
46.	Board of conservators to furnish annual estimate.
47.	Restriction on expenditure by boards of conservators.
48.	Accounts of boards of conservators.
49.	The Salmon Conservancy Fund.
50.	Inquiries in respect of boards of conservators.
51.	Power to dissolve boards of conservators.
52.	Seal of board of conservators.
53.	Proceedings of board of conservators.
54.	Protection of salmon spawning in Northern Ireland.

Part V

RATES ON FISHERIES

55.	Rates on fisheries.
56.	Valuations by reference to which fishery rates are to be struck, and provisions in relation to appeals against valuations of fisheries.
57.	Amendment of fishery rates.
58.	Liability for fishery rate.
59.	Collection and recovery of fishery rate.
60.	Payments by Minister in lieu of fishery rate.
61.	Fishery rates on leased fisheries.
62.	Grants to certain boards of conservators.
63.	Suspended provisions as to rates on fisheries.

Part VI

LICENCES FOR FISHING FOR SALMON, TROUT AND EELS

Chapter I

Ordinary Fishing Licences

64.	Non-application of this Chapter to special tidal waters.
65.	Penalty for using unlicensed scheduled engine, other than rod and line.
66.	Penalty for fishing for or taking salmon with rod and line by unlicensed person.
67.	Provisions in relation to ordinary fishing licences.
68.	Duties on ordinary fishing licences.
69.	Licence duties on engines not specified in Fourth Schedule, and restrictions on user of such engines.
70.	Agents for issue of ordinary fishing licences.
71.	Right to issue of ordinary fishing licences.
72.	Payment by instalments of ordinary licence duties on draft nets and drift nets.

Chapter II

Licences for Fishing in Special Tidal Waters

73.	Penalty for fishing in special tidal waters by unlicensed person.
74.	Special local licences and licence duty thereon.
75.	Form and effect of special local licences.
76.	Issue of special local licences.
77.	Payment of special local licence duty by instalments.
78.	Forfeiture of special local licences.

Chapter III

Licences for Fishing for Trout with Rod and Line in Certain Waters

79.	Scheduled trout waters.
80.	Penalty for fishing in scheduled trout waters for trout with rod and line by unlicensed person.
81.	Kinds of trout rod licences and licence duties thereon.
82.	Area of validity of trout rod licences.
83.	Right to issue of trout rod licences.
84.	Provisions in relation to trout rod licences.

Chapter IV

Restrictions on Issue of Fishing Licences

85.	Prohibition of issue of ordinary fishing licences in respect of special tidal waters.
86.	Prohibition of issue of licences for snap nets in the tidal portion of the River Shannon.
87.	Prohibition of issue of licences for snap nets in tidal portion of rivers (other than the River Shannon) in which the Electricity Supply Board has acquired a fishery or fishing right.
88.	Restrictions on issue of drift net and draft net licences in tidal portions of rivers in which the Electricity Supply Board has a fishery or fishing rights.
89.	Restrictions on issue of licences for nets for fishing in certain fisheries.

Chapter V

Forfeiture of Licences

90.	Forfeiture of licences.

Part VII

REGULATIONS AS TO NETS

91.	Restrictions on use of nets.
92.	Mesh of nets, made of non-rigid material for the taking of salmon in the sea or tideways.
93.	Meshes or openings of engines made of rigid material for the taking of salmon in the sea and tideways.
94.	Salmon nets not to be used at mouths of rivers or within half a mile seaward or inwards of mouths of rivers.
95.	Restriction on use of nets in freshwater.
96.	Restriction on possession of nets, etc.

Part VIII

FIXED ENGINES, FISHING WEIRS, FISHING MILL DAMS AND OTHER OBSTRUCTIONS TO THE PASSAGE OF FISH

Chapter I

Prohibition of Fixed Engines, Fishing Weirs and Fishing Mill Dams with Certain Exceptions

97.	Penalty for using, etc., fixed engine for the capture of salmon not certificated under the Salmon Fishery (Ireland) Act, 1863.
98.	Effect of certificates under section 6 of the Salmon Fishery (Ireland) Act, 1863.
99.	Restriction on erection of fishing weirs, fishing mill dams or fixed engines in fresh water portion of rivers.
100.	Restriction on use of fishing weirs, fishing mill dams or fixed engines in freshwater.
101.	Construction of fishing weirs by the Electricity Supply Board.

Chapter II

Restrictions on Sites of Fixed Engines

102.	Prohibition of placing or using fixed engines, etc. in narrow part of estuaries.
103.	Prohibition of placing or using fixed engines, etc. at mouths of rivers less than one half mile in breadth.
104.	Prohibition of bag nets in certain places.
105.	Stake nets not to extend further than from high to low water mark.

Chapter III

Regulations as to the Construction and User of Fixed Engines

106.	Regulations as to construction and user of stake nets and bag nets.

Chapter IV

Regulations as to Fishing Weirs and Fishing Mill Dams

107.	Free gaps in fishing weirs.
108.	Operation of fishing weir by Minister or the Electricity Supply Board without free gap.
109.	Operation of eel fishing weirs without free gap.
110.	Construction of free gaps in fishing weirs.
111.	Penalty for affecting flow of water through free gap by alteration of bed of river.
112.	Penalties for fishing in or near free gaps in fishing weirs and obstructing free gaps.
113.	Rules as to boxes in salmon fishing weirs and fishing mill dams.
114.	Construction of guiding walls appurtenant to fishing weirs and fishing mill dams.

Chapter V

Dams and Natural Obstructions

115.	Construction of fish passages in dams for sustaining water for mill power, navigation, etc. in salmon rivers.
116.	Fish passes in dams and repair of dams.
117.	Alteration of abandoned and disused dams.
118.	Alteration or removal of natural obstructions in rivers to allow free migration of fish.
119.	Offences in relation to fish passes made under section 62 or 63 of the Fisheries (Ireland) Act, 1842, or section 115 or 118.
120.	Penalty for using fishing engine within hundred yards of certain dams.
121.	Penalty for using fishing engine at or within fifty yards of a mill dam to which there is no fish pass.
122.	Provisions in relation to wheel sluices, etc., of mills, etc., deriving water from salmon rivers.
123.	Gratings in watercourses diverted from rivers to prevent entry therein of salmon or trout.
124.	Obligations of owners of hydraulic machines supplied from salmon rivers.
125.	Penalty for taking fish, etc. in works or watercourses appurtenant to mills or factories.

Part IX

RESTRICTIONS AS TO TIMES OF FISHING FOR SALMON, TROUT, POLLEN, AND EELS, AND ANCILLARY PROVISIONS

Chapter I

Salmon and Trout

126.	Annual close season for salmon and trout.
127.	Penalties for fishing, otherwise than by rod and line, for salmon or trout during annual close season for salmon and trout.
128.	Dismantlement of fixed engines during the annual close season for salmon and trout.
129.	Dismantlement of salmon fishing weirs and fishing mill dams during the annual close season for salmon and trout.
130.	Removal of nets from banks of rivers during the annual close season for salmon and trout.
131.	Penalty for obstructing or disturbing salmon or trout during the annual close season for salmon and trout.
132.	Penalty for use of nets during annual close season for salmon and trout.
133.	Penalty for using boat for capture of salmon or trout during the annual close season for salmon and trout.
134.	Penalties for buying, etc., salmon or trout during the annual close season for salmon and trout.
135.	Prohibition of export of salmon caught at certain times.
136.	Prohibition of capture, sale, etc., of trout in January and part of February.

137.	Annual close season for angling for salmon and penalties for angling for salmon therein.
138.	Annual close season for angling for trout and penalties for angling for trout therein.
139.	Weekly close time.
140.	Penalties for fishing, otherwise than by rod and line, for salmon or trout during the weekly close time.
141.	Penalty for preventing fish from passing through boxes during weekly close time.
142.	Provisions in relation to offences under sections 140 and 141.
143.	Provisions to be observed in relation to certain fixed engines during the weekly close time.
144.	Provisions to be observed in relation to salmon fishing weirs and fishing mill dams during weekly close time.
145.	Penalty for scaring or obstructing free passage of salmon or trout during the weekly close time.
146.	Penalty for use of nets during weekly close time.
147.	Penalty for using boat for capture of salmon or trout during the weekly close time.

Chapter II

Pollen

148.	Annual close season for pollen.
149.	Penalties for fishing for, etc. pollen during the annual close season for pollen.
150.	Penalties for buying, etc., pollen during the annual close season for pollen.

Chapter III

Eels

151.	Annual close season for eels.
152.	Restrictions on fishing for eels during annual close season for eels.
153.	Penalty for placing, etc., fishing engines for taking eels in eyes, etc., of fishing weir or fishing mill dam during annual close season for eels or during daytime.

Part X

RESTRICTIONS ON SALE AND EXPORT FOR SALE OF SALMON AND TROUT

Part XI

MISCELLANEOUS PROVISIONS IN RELATION TO SALMON AND FRESH WATER FISHERIES

Chapter I

Prohibition of Certain Methods of fishing for, and of Practices Liable to Destroy Salmon and Other Fish

164.	Penalty for using deleterious matter for capture, etc., of fish or having possession of deleterious matter with intent to use it in capture etc., of fish.
165.	Penalties for using, etc. light or fire for purpose of taking fish.
166.	Penalty for using etc. certain instruments for purpose of taking fish.
167.	Penalty for fishing for salmon or trout in a river by Cross lines.
168.	Penalty for taking salmon or trout in eel weir.
169.	Penalty for damming, etc. river or mill race for purpose of taking salmon or trout.
170.	Penalties for taking fish unlawfully killed or found dead.

Chapter II

Protection of Fishing Waters from Poisoning and Pollution

171.	Penalty for steeping flax or hemp in waters or throwing, etc., deleterious matter into Waters.
172.	Protection of waters from pollution.

Chapter III

Protection of Young and Breeding Fish

173.	Penalty for taking, etc., spawn, smolts or fry of salmon, trout or eels.
174.	Penalty for chasing, etc., spawning fish.
175.	Penalty for taking, etc., undersized pollen.
176.	Penalties for taking, etc., unseasonable salmon or trout.
177.	Prohibition of export of unseasonable salmon.

Chapter IV

Protection of Private Fisheries

178.	Penalty for unauthorised entry on several fishery.
179.	Penalty for fishing with nets in a several fishery without licence of owner.
180.	Penalty for unauthorised fishing in private ponds.
181.	Penalty for entering without permission lands for purposes of fishing.

Chapter V

Other Provisions

182.	Penalties for purchasing, selling, etc., or having in our possession salmon or trout which are unseasonable or unlawfully captured.
183.	Marking of packages containing salmon or trout.

PART XII

TRANSFERS TO THE MINISTER OF CERTAIN FISHERIES AND PROVISIONS IN RELATION TO FISHERIES SO TRANSFERRED

Chapter I

Definitions and Evidence of Existence of Several Fisheries in Tidal Waters

184.	Definitions for purposes of Part XII.
185.	Evidence of existence of several fisheries in tidal waters.

Chapter II

Transfer to the Minister of Transferable Fisheries

Chapter III

Transfer to the Minister of certain State Fisheries

198.	Transfer of fisheries to the Minister by the Commissioners of Public Works.
199.	Transfer of fisheries to the Minister by the Irish Land Commission.

Chapter IV

Acquisition of Land, etc. by the Minister for Purposes of the Management, Operation and Protection of Vested Fisheries

200.	Acquisition of land, etc. by the Minister.
201.	Payment and ascertainment of compensation in respect of land, etc.

Chapter V

Operation and Disposal of Vested Fisheries

Chapter VI

Supplementary Provisions

213.	Right of access to vested fisheries.
214.	Right of access for exercise of angling rights.
215.	Liability of Minister for damage by flooding.
216.	Provisions in relation to mill-dam fisheries.
217.	Restrictions on Minister's powers.
218.	Fishing licences in vested fisheries operated by the Minister.

Part XIII

SEA FISHERIES

Chapter I

Preliminary

219.	Definitions for purposes of Part XIII.
220.	Sea Fisheries Protection Officers.

Chapter II

Provisions Applicable to Exclusive Fishery Limits of the State

221.	Restrictions on foreign sea fishing boats entering the exclusive fishery limits of the State.
222.	Provisions in relation to foreign sea-fishing boats lawfully entering the exclusive fishery limits of the State.
223.	Prohibition of certain methods of trawling within the exclusive fishery limits of the State.
224.	Other offences in relation to sea-fishing boats within the exclusive fishery limits of the State.

Chapter III

Provisions Applicable to Undersized Sea-Fish

225.	Undersized sea-fish.
226.	Restriction on carriage of certain fishing nets on board sea fishing boats.
227.	Restriction on carriage of devices for obstructing meshes of net.
228.	Prohibition on having in possession for sale on board sea-fishing boats underized sea-fish.
229.	Prohibition on landing, selling, etc., undersized sea-fish.
230.	Provisions in relation to orders.
231.	Powers of inspection, examination and detention of sea-fish, etc.

Chapter IV

Ancillary Provisions Relating to Chapters II and III of Part XIII

232.	Liability of master of boat for offences under Chapter II of Part XIII.
233.	Special powers of sea fisheries protection officers for enforcing Chapters II and III of Part XIII.
234.	Detention of boat and persons pending prosecution.
235.	Detention of boat pending appeal against conviction of offence under Chapter II or III of Part XIII.
236.	Recovery of fine for offence under Chapter II or III of Part XIII and of possession of articles forfeited under the said Chapter II or III.

Chapter V

Other Provisions relating to Sea Fisheries

237.	Penalty for use on the sea coast or within estuary of nets covered with canvas, etc.
238.	Provisions in relation to herring and other nets.
239.	Penalty for use of trawl or trammel nets in contravention of bye-laws.
240.	Use of beaches, etc., by fishermen for purposes of sea fishing.
241.	Use by fishermen of land adjoining fishing places.
242.	Bait beds.
243.	Fishing boats and gear, etc. picked up at sea to be delivered at nearest Garda Síochána station.

Part XIV

OYSTERS

Chapter I

Definitions

244.	Definitions for purposes of Part X IV.

Chapter II

Oyster Bed Licences

Chapter III

Oyster Fishery Orders

256.	Power of Minister to make oyster fishery orders.
257.	Publication of notices of application.
258.	Objections and representations respecting proposed oyster fishery (1959 Act) order.
259.	Inquiry into proposed oyster fishery (1959 Act) order.
260.	Making of oyster fishery (1959 Act) order.
261.	Amendment of oyster fishery order.
262.	Effect of oyster fishery (1959 Act) order.
263.	Powers of grantees under oyster fishery order to make regulations for management of oyster fishery.
264.	Appointment of keepers by grantees under oyster fishery orders.
265.	Penalty for trespass on or breach of regulations of oyster fishery.
266.	Determination of oyster fishery orders.
267.	Oyster fishery order not to abridge right of several fishery.
268.	Copies of oyster fishery orders to be kept.
269.	Saving for rights of the State.
270.	Adaptation of section 9 of the Shannon Fisheries Act, 1938.

Chapter IV

Close Season for Oysters

271.	Close season for oysters.
272.	Bye-laws prohibiting the dredging for, etc., oysters during a particular period.
273.	Penalty for dredging, etc., during the close season for oysters or during period specified in bye-laws made under section 272.
274.	Authority to dredge for oysters during close season for oysters.
275.	Order permitting taking etc., foreign oysters during part of close season for oysters.

Chapter V

Protection of Oyster Fisheries

276.	Power of persons interested in oyster beds to appoint water keepers.

Chapter VI

Licences for Fishing for Oysters

277.	Restrictions on taking oysters.
278.	Provisions in relation to oyster fishing licences.
279.	Licence duty on oyster fishing licences.
280.	Right to issue of oyster fishing licences.

Part XV

MOLLUSCS (OTHER THAN OYSTERS)

281.	Extension of sections 245 to 253 to mussel beds, periwinkle beds and cockle beds.
282.	Extension of sections 256 to 269 to mussels.
283.	Close season for molluscs (other than oysters).
284.	Bye-laws prohibiting the taking of molluscs (other than oysters) during a specified period.

Part XVI

CRABS

285.	Penalty for taking, etc. certain edible crabs.

Part XVII

PENALTIES FOR MISCELLANEOUS OFFENCES

286.	Penalty for three or more persons using violence, etc., towards persons lawfully prosecuting a fishery.
287.	Penalty for obstructing persons lawfully fishing.
288.	Penalty for placing fishing engine with intent to prevent fish entering nets lawfully set.
289.	Penalty for not having names of owners painted on fishing boats.
290.	Penalty on persons discharging ballast in improper places.
291.	Penalty on giving warning to persons unlawfully fishing.

Part XVIII

POWERS OF WATER KEEPERS, OFFICERS AND SERVANTS OF BOARDS OF CONSERVATORS, GARDA SÍOCHÁNA AND OTHER PERSONS FOR THE ENFORCEMENT OF THIS ACT

292.	Interpretation of Part XVIII.
293.	Limitations on exercise of powers conferred on members and officers of boards of conservators.
294.	Appointment of water keepers by persons interested in fisheries.
295.	Water keeper's instrument of appointment sufficient warrant for exercise of powers.
296.	General powers of authorised persons.
297.	Power of District Justice to grant warrant to enter certain places.
298.	Boarding and examination of fishing vessels.
299.	Apprehension of offenders.
300.	Powers in relation to weirs, fixed engines, etc.
301.	Powers of inspection, examination and detention.
302.	Procedure consequent upon seizure of unlawful fishing engines and lawful fishing engines unlawfully used.
303.	Persons using fishing engines to produce licence therefor on demand.
304.	Production of special local licences.
305.	Persons using trout rods in scheduled trout waters to produce licence on demand.
306.	Persons using oyster fishing engines to produce licence therefor on demand.
307.	Inspection of fish passes.
308.	Penalty for assaulting or obstructing persons exercising powers under this Part.

Part XIX

LEGAL PROCEEDINGS, FINES, FORFEITURES, EVIDENCE, INQUIRIES AND SERVICE OF DOCUMENTS

Legal Proceedings

309.	Trial of offences.
310.	Appeals from the District Court.
311.	Offences by bodies corporate.
312.	Prosecution by Minister of offences under this Act.
313.	Bounds need not be set out in indictments, etc.

Fines

314.	Disposal of fines.
315.	Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of fines for certain offences.

Forfeiture

316.	Non-obligation of Court to pronounce or record forfeiture where forfeiture falls as a statutory consequence of conviction.
317.	Disposal of forfeitures.
318.	Payments to boards of conservators and (in certain cases) Garda Síochána Reward Fund in respect of proceeds of certain forfeitures.
319.	Disposal of proceeds of sale of fish in pursuance of a direction under section 301 (4).

Evidence

320.	Evidence of amount of expenses incurred by the Minister.
321.	Proof of bye-laws, etc.

Inquiries

322.	Notice of holding of inquiries.
323.	Powers of persons appointed by the Minister to hold inquiries.

Service of documents

324.	Service of documents.

Part XX

MISCELLANEOUS PROVISIONS

325.	Provisions in relation to Moville Area.
326.	Saving for certain enactments.
327.	Right of owner to take materials from streams.
328.	Agents for fishery owners.

Part XXI

TRANSITORY PROVISIONS

329.	Continuance in office of existing conservators for electoral division.
330.	Continuance of existing officers and servants.
331.	Continuance of existing authorisations.
332.	Fishery rates struck under repealed enactments.
333.	Continuance of existing licences and certificates.
334.	Continuance of existing by-laws, orders and regulations.
335.	Amendment of certain bye-laws made under repealed enactments providing for forfeiture.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Fishery Districts, Electoral Divisions and Number of Conservators for Each Electroal Division

THIRD SCHEDULE

Accounts of Boards of Conservators

FOURTH SCHEDULE

Scale of ordinary licence duties

FIFTH SCHEDULE

Bye-laws fixing close season for molluscs (other than oysters)

Bye-Laws Altering Annual Close Seasons for Salmon and Trout, Pollen and Eels, Close Season for Oysters, and Molluscs (Other Than Oysters), And Bye-Laws Under Sections 272 and 284

SIXTH SCHEDULE

Form of appointment of water keeper under section 294

Acts Referred to
Foyle Fisheries Act, 1952	No. 5 of 1952
Shannon Fisheries Act, 1935	No. 4 of 1935
Electricity (Supply) (Amendment) Act, 1945	No. 12 of 1945
Salmon Conservancy Fund Act, 1954	No. 4 of 1954
Fisheries (Amendment) Act, 1958	No. 15 of 1958
Fisheries (Statute Law Revision) Act, 1956	No. 28 of 1956
Fisheries Act, 1925	No. 32 of 1925
Fisheries Act, 1939	No. 17 of 1939
Finance Act, 1925	No. 28 of 1925
Finance Act, 1940	No. 14 of 1940
Civil Service Commissioners Act, 1956	No. 45 of 1956
Civil Service Regulation Act, 1956	No. 46 of 1956
Foreshore Act, 1933	No. 12 of 1933
Fisheries (Statute Law Revision) Act, 1949	No. 27 of 1949
Shannon Fisheries Act, 1938	No. 7 of 1938
Courts of Justice Act, 1924	No. 10 of 1924
Court Officers Act, 1926	No. 27 of 1926
Documentary Evidence Act, 1925	No. 24 of 1925
State Property Act, 1954	No. 25 of 1954
Local Government Act, 1941	No. 23 of 1941
Courts of Justice Act, 1936	No. 48 of 1936
Local Government Act, 1946	No. 24 of 1946
Fisheries (Amendment) Act, 1949	No. 18 of 1949

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Number 14 of 1959.

FISHERIES (CONSOLIDATION) ACT, 1959.

AN ACT TO CONSOLIDATE THE FISHERIES ACTS, 1842 TO 1958, AND CERTAIN OTHER ENACTMENTS RELATING TO FISHERIES. [8th July, 1959.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

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