[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4773 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4773

 To combat illegal, unreported, and unregulated fishing at its sources 
                               globally.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 4, 2022

Mr. Sullivan (for himself and Mr. Whitehouse) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To combat illegal, unreported, and unregulated fishing at its sources 
                               globally.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fighting Foreign Illegal Seafood 
Harvests Act of 2022'' or the ``FISH Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--Unless otherwise provided, the term 
        ``Administrator'' means the Administrator of the National 
        Oceanic and Atmospheric Administration.
            (2) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the zone established by Presidential Proclamation 
        Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note; 
        relating to the exclusive economic zone of the United States of 
        America).
            (3) IUU fishing.--The term ``IUU fishing'' means illegal 
        fishing, unreported fishing, and unregulated fishing (as such 
        terms are defined in paragraph 3 of the International Plan of 
        Action to Prevent, Deter, and Eliminate Illegal, Unreported and 
        Unregulated Fishing, adopted at the 24th Session of the 
        Committee on Fisheries in Rome on March 2, 2001).
            (4) Regional fisheries management organization.--The terms 
        ``regional fisheries management organization'' and ``RFMO'' 
        have the meaning given the terms in section 303 of the Port 
        State Measures Agreement Act of 2015 (16 U.S.C. 7402).

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States to partner, consult, and 
coordinate with foreign governments (at the national and subnational 
levels), civil society, international organizations, international 
financial institutions, subnational coastal communities, commercial and 
recreational fishing industry leaders, communities that engage in 
artisanal or subsistence fishing, and the private sector, in a 
concerted effort--
            (1) to continue the broad effort across the Federal 
        Government to counter IUU fishing and related threats to 
        maritime security, as outlined in sections 3533 and 3534 of the 
        Maritime SAFE Act (16 U.S.C. 8002 and 8003); and
            (2) to, additionally--
                    (A) prioritize efforts to prevent IUU fishing at 
                its sources; and
                    (B) support continued implementation of the Central 
                Arctic Ocean Fisheries agreement, as well as joint 
                research and follow-on actions that ensure 
                sustainability of fish stocks in Arctic international 
                waters.

SEC. 4. BLACK LIST.

    (a) In General.--The Administrator shall establish, publish, and 
put vessels on a United States black list that denies port privileges, 
certain travel through, delivery of supplies, delivery of services, or 
transshipment in the exclusive economic zone for vessels that have 
conducted IUU fishing and vessels that have the same owner as a vessel 
on the black list.
    (b) Standards.--The Administrator shall set standards for 
establishing, maintaining, and publishing the black list.
    (c) Basis To Be Put on Black List.--The Administrator shall put a 
vessel on the black list if it is any of the following:
            (1) A vessel listed on an IUU fishing list of a regional 
        fisheries management organization.
            (2) A vessel taking part in fishing outside RFMO quota 
        arrangements on the high seas.
            (3) A vessel on the high seas identified and reported by 
        United States authorities to be conducting IUU fishing.
            (4) A vessel that provides services (excluding emergency or 
        enforcement services) to a vessel that is on the black list, 
        including transshipment, resupply, refueling, or pilotage.
            (5) A foreign fishing vessel engaged in commercial fishing 
        in the exclusive economic zone without a permit issued under 
        title II of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1821 et seq.).
            (6) A vessel found by Customs and Border Protection to have 
        had a withhold release order in contravention of section 307 of 
        the Tariff Act of 1930 (19 U.S.C. 1307), provided that the 
        withhold release order has not been subsequently revoked.
            (7) A vessel that has the same owner as a vessel on the 
        black list.
            (8) A vessel subject to economic sanctions administered by 
        the Department of Treasury Office of Foreign Assets Control for 
        IUU fishing under Executive Order 13581 (76 Fed. Reg. 44757, 84 
        Fed. Reg. 10255; relating to blocking property of transnational 
        criminal organizations), or any other economic sanctions 
        program.
    (d) Nominations To Be Put on Black List.--
            (1) In general.--The Administrator may accept nominations 
        for placing a vessel on the black list from--
                    (A) the head of an executive branch agency that is 
                a member of the Interagency Working Group on IUU 
                Fishing established under section 3551 of the Maritime 
                SAFE Act (16 U.S.C. 8031); or
                    (B) a country that is a member of the Combined 
                Maritime Forces.
            (2) Due process.--The Administrator may accept nominations 
        for placing a vessel on the black list only after due process, 
        including notification to the vessel's owner and a review of 
        any information that the owner provides.
    (e) Public Information.--The Administrator shall publish the black 
list and include the following information for each vessel on the list:
            (1) The name of the vessel.
            (2) The International Maritime Organization (IMO) number of 
        the vessel.
            (3) The call sign of the vessel.
            (4) Each beneficial owner and owner's address of the 
        vessel.
            (5) The registry/flag state of the vessel.
            (6) The date of inclusion on the black list of the vessel.
            (7) Any other identifying information on the vessel, as 
        determined appropriate by the Administrator.
    (f) Consequences of Being Black Listed.--
            (1) In general.--Except for the purposes of inspection and 
        enforcement or in case of force majeure, a vessel on the black 
        list is prohibited from--
                    (A) accessing United States ports;
                    (B) traveling through the United States exclusive 
                economic zone unless it is conducting innocent passage; 
                and
                    (C) delivering supplies, delivering services, or 
                transshipment in the United States exclusive economic 
                zone.
            (2) Servicing prohibited.--No vessel of the United States 
        (defined in section 116 of title 46, United States Code) may 
        service a vessel that is on the black list, except for 
        emergency and enforcement services.
    (g) Enforcement of Black List.--A vessel on the black list and the 
cargo of such vessel shall be subject to section 70052 of title 46, 
United States Code.
    (h) Permanency of Black List.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a vessel that is put on the black list shall remain on the 
        black list.
            (2) Revocation of wro.--The Administrator shall remove a 
        vessel from the black list if the vessel was added to the black 
        list because it was found by Customs and Border Protection to 
        have had a withhold release order in contravention of section 
        307 of the Tariff Act of 1930 (19 U.S.C. 1307) and the withhold 
        release order was subsequently revoked.
            (3) Potential reinstatement.--In coordination with the 
        Secretary of State, the Administrator may remove a vessel from 
        the black list if the owner of the vessel submits an 
        application for removal or an appeal to the Administrator. In 
        considering the application, the Administrator shall consider 
        all relevant information, including whether the vessel or 
        vessel owner has engaged in IUU fishing during the 5-year 
        period preceding the application.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Commerce to carry out this section 
$20,000,000 for each of fiscal years 2023 through 2028.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO BENEFICIAL OWNERS OF 
              VESSELS ON BLACK LIST.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to each foreign person that the 
President determines, on or after the date of the enactment of this 
Act, is the beneficial owner of a vessel on the black list under 
section 4.
    (b) Sanctions Described.--The sanctions to be imposed under 
subsection (a) are the following:
            (1) Blocking of property.--The exercise of all powers 
        granted to the President by the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent 
        necessary to block and prohibit all transactions in all 
        property and interests in property of a foreign person 
        described in subsection (a), including the vessel of which the 
        person is the beneficial owner, if such property and interests 
        in property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
            (2) Ineligibility for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a) is--
                            (i) inadmissible to the United States;
                            (ii) ineligible to receive a visa or other 
                        documentation to enter the United States; and
                            (iii) otherwise ineligible to be admitted 
                        or paroled into the United States or to receive 
                        any other benefit under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.).
                    (B) Current visas revoked.--
                            (i) In general.--The visa or other entry 
                        documentation of an alien described in 
                        subsection (a) shall be revoked, regardless of 
                        when such visa or other entry documentation is 
                        or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the alien's possession.
    (c) Implementation; Penalties.--
            (1) Implementation.--The President may exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section shall be subject to the penalties set forth in 
        subsections (b) and (c) of section 206 of the International 
        Emergency Economic Powers Act (50 U.S.C. 1705) to the same 
        extent as a person that commits an unlawful act described in 
        subsection (a) of that section.
    (d) National Interest Waiver.--The President may waive the 
imposition of sanctions under this section with respect to a person if 
the President--
            (1) determines that such a waiver is in the national 
        interests of the United States; and
            (2) submits to Congress a notification on the waiver and 
        the reasons for the waiver.
    (e) Exceptions.--
            (1) Exceptions for authorized intelligence and law 
        enforcement activities.--This section shall not apply with 
        respect to activities subject to the reporting requirements 
        under title V of the National Security Act of 1947 (50 U.S.C. 
        3091 et seq.) or any authorized intelligence or law enforcement 
        activities of the United States.
            (2) Exception to comply with international agreements.--
        Sanctions under subsection (b)(2) shall not apply with respect 
        to the admission of an alien to the United States if such 
        admission is necessary to comply with the obligations of the 
        United States under the Agreement regarding the Headquarters of 
        the United Nations, signed at Lake Success June 26, 1947, and 
        entered into force November 21, 1947, between the United 
        Nations and the United States, or the Convention on Consular 
        Relations, done at Vienna April 24, 1963, and entered into 
        force March 19, 1967, or other international obligations.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The requirement to impose 
                sanctions under this section shall not include the 
                authority or a requirement to impose sanctions on the 
                importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
    (f) Definitions.--In this section:
            (1) Admission; admitted; alien; lawfully admitted for 
        permanent residence.--The terms ``admission'', ``admitted'', 
        ``alien'', and ``lawfully admitted for permanent residence'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Beneficial owner.--The term ``beneficial owner'' means, 
        with respect to a vessel, a person that, directly or 
        indirectly, through any contract, arrangement, understanding, 
        relationship, or otherwise--
                    (A) exercises substantial control over the vessel; 
                or
                    (B) owns or controls not less than 25 percent of 
                the ownership interests in the vessel.
            (3) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

SEC. 6. AGREEMENTS.

    (a) Presidential Negotiation.--In negotiating any relevant 
agreement with a foreign nation or nations after the date of enactment 
of this Act, the President shall consider the impacts on or to IUU 
fishing and strive to ensure that the agreement strengthens efforts to 
combat IUU fishing.
    (b) Secretary of State Encouragement.--Together with other partners 
if appropriate, the Secretary of State shall encourage other nations to 
ratify treaties and agreements that address IUU fishing to which the 
United States is a party, including the UN Fish Stocks Agreement, the 
Port State Measures Agreement, and other applicable agreements.

SEC. 7. DEFINITION OF ILLEGAL, UNREPORTED, AND UNREGULATED FISHING.

    (a) Definition of Illegal, Unreported, and Unregulated Fishing in 
the High Seas Driftnet Fishing Moratorium Protection Act.--Section 
609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826j(e)) is amended to read as follows:
    ``(e) Illegal, Unreported, or Unregulated Fishing Defined.--In this 
title, the terms `illegal, unreported, and unregulated fishing' and 
`illegal, unreported, or unregulated fishing' mean any activity set out 
in paragraph 3 of the International Plan of Action to Prevent, Deter, 
and Eliminate Illegal, Unreported and Unregulated Fishing, adopted at 
the 24th Session of the Committee on Fisheries in Rome on March 2, 
2001.''.
    (b) Definition of Illegal, Unreported, or Unregulated Fishing in 
the Magnuson-Stevens Fishery Conservation and Management Act.--Section 
3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1802) is amended by adding at the end the following:
            ``(51) Illegal, unreported, or unregulated fishing.--The 
        terms `illegal, unreported, or unregulated fishing', `illegal, 
        unreported, and unregulated fishing', and `illegal, unreported 
        and unregulated fishing' mean any activity set out in paragraph 
        3 of the International Plan of Action to Prevent, Deter, and 
        Eliminate Illegal, Unreported and Unregulated Fishing, adopted 
        at the 24th Session of the Committee on Fisheries in Rome on 
        March 2, 2001.''.

SEC. 8. COAST GUARD PROVISIONS.

    (a) Increase Boarding of Vessels Suspected of IUU Fishing.--The 
Commandant of the Coast Guard shall, in accordance with the UN Fish 
Stocks Agreement, increase, from year to year, its observation and 
boarding of vessels on the high seas that are suspected of IUU fishing, 
to the greatest extent practicable.
    (b) Follow up.--The Commandant of the Coast Guard shall coordinate 
regularly with regional fisheries management organizations to determine 
what corrective measures each nation has taken after its vessels have 
been boarded for suspected IUU fishing.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Commandant of the Coast Guard shall submit a report to 
Congress on--
            (1) the total number of bilateral agreements that contain 
        an IUU fishing nexus or authorities, and what the Coast Guard 
        is doing to increase this percentage;
            (2) violations observed under the Coast Guard high seas 
        boarding program, how the violations are tracked after referral 
        to the respective flag state, and what actions are taken to 
        document or otherwise act on the enforcement, or lack thereof, 
        taken by a flag state;
            (3) the flag state and status of vessels interdicted or 
        observed to be engaged in IUU fishing on the high seas by the 
        Coast Guard;
            (4) the flag state and status and incident details on 
        vessels observed to violate international laws on the high 
        seas, such as refusal to allow boarding, and what action was 
        taken; and
            (5) any other potential enforcement actions that could 
        decrease IUU fishing on the high seas.

SEC. 9. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES MANAGEMENT 
              ORGANIZATIONS.

    (a) Interagency Working Group on IUU Fishing.--Section 3551(c) of 
the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended--
            (1) in paragraph (12), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (13), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(14) developing a strategy for leveraging enforcement 
        capacity against IUU fishing, particularly focusing on nations 
        identified under section 609(a) or 610(a) of the High Seas 
        Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) 
        and 1826k(a)); and
            ``(15) developing a strategy for leveraging enforcement 
        capacity against IUU fishing and increasing enforcement and 
        other actions across relevant import control and assessment 
        programs, including--
                    ``(A) the List of Goods Produced by Child Labor or 
                Forced Labor produced pursuant to section 105 of the 
                Trafficking Victims Protection Reauthorization Act of 
                2005 (22 U.S.C. 7112);
                    ``(B) the Trafficking in Persons Report required 
                under section 110 of the Trafficking Victims Protection 
                Act of 2000 (22 U.S.C. 7107); and
                    ``(C) United States Customs and Border Protection's 
                Forced Labor Division and enforcement activities and 
                regulations authorized under section 307 of the Tariff 
                Act of 1930 (19 U.S.C. 1307).''.
    (b) Secretary of State Identification.--The Secretary of State, in 
coordination with the Commandant of the Coast Guard, shall--
            (1) identify regional fisheries management organizations 
        that the United States is party to that do not have a high seas 
        boarding program; and
            (2) identify obstacles, needed authorities, or existing 
        efforts to increase implementation of these programs, and take 
        action as appropriate.

SEC. 10. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING, AND ANALYSIS.

    Section 3552 of the Maritime SAFE Act (16 U.S.C. 8032) is amended 
by adding at the end:
    ``(c) Strategies To Optimize Data Collection, Sharing, and 
Analysis.--Not later than 2 years after the publication of the 
strategic plan submitted under subsection (a), the Working Group shall 
identify information and resources to prevent seafood products from IUU 
fishing from entering United States commerce without increasing burden 
or trade barriers on seafood not produced from IUU fishing. The report 
shall include the following:
            ``(1) Identification of relevant data streams collected by 
        Working Group members.
            ``(2) Identification of legal, jurisdictional, or other 
        barriers to the sharing of such data.
            ``(3) In consultation with the Secretary of Defense, 
        recommendations for joint enforcement protocols, collaboration, 
        and information sharing between Federal agencies and States.
            ``(4) Recommendations for sharing and developing forensic 
        resources between Federal agencies and States.
            ``(5) Recommendations for enhancing capacity for United 
        States Customs and Border Protection and National Oceanic and 
        Atmospheric Administration to conduct more effective field 
        investigations and enforcement efforts with State enforcement 
        officials.
            ``(6) Recommendations for the dissemination of IUU fishing 
        analysis and information to those entities that could use it 
        for action and awareness, with the aim to establish an IUU 
        fishing information sharing center.
            ``(7) Recommendations for an implementation strategy, 
        including measures for ensuring that trade in seafood not 
        linked to IUU fishing is not impeded.''.

SEC. 11. INVESTMENT AND TECHNICAL ASSISTANCE IN THE FISHERIES SECTOR.

    (a) In General.--The Secretary of State and the Administrator of 
the United States Agency for International Development, in consultation 
with the heads of relevant agencies, the Millennium Challenge 
Corporation, and multilateral institutions such as the World Bank, 
shall increase support to programs that provide technical assistance 
and investment to nations' fisheries sectors for sustainable fisheries 
management and combating IUU fishing. The focus of such support shall 
be on priority regions and priority flag states identified under 
section 3552(b) of the Maritime SAFE Act (16 U.S.C. 8032(b)).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of State and the United States Agency 
for International Development to carry out subsection (a) $10,000,000 
for each such agency for each of fiscal years 2023 through 2028.

SEC. 12. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD PRODUCTS FROM 
              FOREIGN VESSELS USING FORCED LABOR.

    (a) Definitions.--In this section:
            (1) Forced labor.--The term ``forced labor'' has the 
        meaning given that term in section 307 of the Tariff Act of 
        1930 (19 U.S.C. 1307).
            (2) Seafood.--The term ``seafood'' means fish, shellfish, 
        processed fish, fish meal, shellfish products, and all other 
        forms of marine animal and plant life other than marine mammals 
        and birds.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.
    (b) Forced Labor on Foreign Fishing Vessels.--
            (1) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Commissioner of U.S. Customs and 
        Border Protection, in coordination with the Secretary, shall 
        issue regulations regarding the verification of seafood imports 
        to ensure that no seafood or seafood product harvested on 
        foreign vessels using forced labor is entered into the United 
        States in violation of section 307 of the Tariff Act of 1930 
        (19 U.S.C. 1307).
            (2) Strategy.--The Commissioner of U.S. Customs and Border 
        Protection, in coordination with the Secretary and the 
        Secretary of the department in which the Coast Guard is 
        operating, shall--
                    (A) develop a strategy for utilizing relevant U.S. 
                Government data to identify imports of seafood or 
                seafood products harvested on foreign vessels using 
                forced labor; and
                    (B) publish information regarding the strategy 
                developed under subparagraph (A) on the website of U.S. 
                Customs and Border Protection.

SEC. 13. REPORTS.

    (a) Impact of New Technology.--Not later than 1 year after the date 
of enactment of this Act, the Administrator, in coordination with the 
Working Group established under section 3551 of the Maritime SAFE Act 
(16 U.S.C. 8031), shall conduct a study to assess the impact of new 
technology (such as remote observing, the use of drones, development of 
risk assessment tools and data-sharing software, immediate 
containerization of fish on fishing vessels, and other technology-
enhanced new fishing practices) on IUU fishing and propose ways to 
integrate these technologies into global fisheries enforcement and 
management.
    (b) Russian and Chinese Fishing Industries' Influence on Each Other 
and on the United States Seafood and Fishing Industry.--Not later than 
2 years after the date of the enactment of this Act, the Secretary of 
State, with support from the Secretary of Commerce and the Office of 
the United States Trade Representative, shall--
            (1) conduct a study on the collaboration between the 
        Russian and Chinese fishing industries and on the role of 
        seafood reprocessing in China (including that of raw materials 
        originating in Russia) in global seafood markets and its impact 
        on United States seafood importers, processors, and consumers; 
        and
            (2) complete a report on the study that includes classified 
        and unclassified portions, as the Secretary of State determines 
        necessary.
    (c) Fishermen Conducting Unlawful Fishing in the Economic Exclusion 
Zone.--Section 3551 of the Maritime SAFE Act (16 U.S.C. 8031) is 
amended by adding at the end the following:
    ``(d) Report.--Not later than 1 year after the date of enactment of 
the Fighting Foreign Illegal Seafood Harvests Act of 2022, the chair of 
the Working Group in coordination with members of the Working Group, 
shall submit a report to Congress on foreign fishermen who were 
detained or arrested in the exclusive economic zone, how many were 
referred to prosecution and the outcome of the cases, and what 
authorities, or obstacles to overcome, are needed to increase the 
prosecution referral rate.
    ``(e) The Impacts of IUU Fishing.--The Administrator, in 
consultation with relevant members of the Working Group, shall seek to 
enter into an arrangement with the National Academies of Sciences, 
Engineering, and Medicine under which the National Academies will 
undertake a multifaceted study that includes the following:
            ``(1) An analysis that quantifies the occurrence and extent 
        of IUU fishing among flag states.
            ``(2) An evaluation of the costs to the United States 
        economy of IUU fishing.
            ``(3) An assessment of the costs to the global economy of 
        IUU fishing.''.
    (d) Report.--Not later than 24 months after the date of the 
enactment of this Act, the Administrator shall submit to Congress a 
report on the study conducted under subsection (e) of section 3551 of 
the Maritime SAFE Act that includes--
            (1) the findings of the National Academies; and
            (2) recommendations on knowledge gaps that warrant further 
        scientific inquiry.
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