[Federal Register Volume 89, Number 234 (Thursday, December 5, 2024)]
[Proposed Rules]
[Pages 96631-96635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27689]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 241120-0296]
RIN 0648-BN28
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2025
and Beyond
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes regulations under the Tuna Conventions Act (TCA)
of 1950, as amended, to implement Resolution C-24-01 (Conservation
Measures For Tropical Tunas In The Eastern Pacific Ocean During 2025-
2026) adopted at the 102nd Meeting of the Inter-American Tropical Tuna
Commission (IATTC) in September 2024. This proposed rule would maintain
and extend management measures for fishing vessels targeting tropical
tuna (i.e., bigeye tuna (Thunnus obesus)), yellowfin tuna (Thunnus
albacares), and skipjack tuna (Katsuwonus pelamis) in the eastern
Pacific Ocean (EPO). The fishing restrictions would apply to large
purse seine vessels of class sizes 4-6 (i.e., vessels with a carrying
capacity of 182 metric tons (mt) or greater) and longline vessels
greater than 24 meters (m) in overall length that fish for tropical
tuna in the EPO. This proposed rule is necessary for the conservation
of tropical tuna stocks in the EPO and for the United States to satisfy
its obligations as a member of the IATTC.
DATES: Comments on the proposed rule and supporting documents must be
submitted in writing by January 6, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0119. You may
submit comments on this document, identified by NOAA-NMFS-2024-0119, by
any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and enter ``NOAA-NMFS-2024-0119'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Mail: Submit written comments to Tyler Lawson, NMFS West
Coast Region Portland Office, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232. Include the identifier ``NOAA-NMFS-2024-0119'' in
the comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of supporting documents that were prepared for this proposed
rule, including the regulatory impact review (RIR) are available via
the Federal e-Rulemaking Portal: http://www.regulations.gov, docket
NOAA-NMFS-2024-0119, or contact Tyler Lawson, NMFS West Coast Region
Portland Office, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97205,
or [email protected].
Send comments on aspects of the collection of information to the
ADDRESSES above, and by email to [email protected], or fax to
(202) 395-5806.
FOR FURTHER INFORMATION CONTACT: Tyler Lawson, NMFS WCR, at (503) 230-
5421, [email protected].
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission (1949 Convention). In 2003, the IATTC updated
the 1949 Convention through the adoption of the Convention for the
Strengthening of the IATTC Established by the 1949 Convention between
the United States of America and the Republic of Costa Rica (Antigua
Convention). The Antigua Convention entered into force in 2010. The
United States acceded to the Antigua Convention on February 24, 2016.
The full text of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
The IATTC consists of 21 member nations and 5 cooperating non-
member nations. The IATTC is responsible for
[[Page 96632]]
the conservation and management of tuna and tuna-like species in the
IATTC Convention Area. The IATTC Convention Area is defined as waters
of the EPO within the area bounded by the west coast of the Americas
and by 50[deg] N latitude, 150[deg] W longitude, and 50[deg] S
latitude. The IATTC maintains a scientific research and fishery
monitoring program and regularly assesses the status of tuna, sharks,
and billfish stocks in the IATTC Convention Area to determine
appropriate catch limits and other measures deemed necessary to promote
sustainable fisheries and prevent the overexploitation of these stocks.
International Obligations of the United States Under the Antigua
Convention
As a Party to the Antigua Convention and a member of the IATTC, the
United States is legally bound to implement decisions of the IATTC
under the Tuna Conventions Act (TCA) of 1950, as amended, 16 U.S.C. 951
et seq. (Pub. L. 114-81). The TCA directs the Secretary of Commerce, in
consultation with the Secretary of State and, with respect to
enforcement measures, the U.S. Coast Guard, to promulgate such
regulations as may be necessary to carry out the United States'
obligations under the Antigua Convention, including recommendations and
decisions adopted by the IATTC. The authority of the Secretary of
Commerce to promulgate such regulations has been delegated to NMFS.
IATTC Resolution on Tropical Tuna Conservation
The 102nd Meeting of the IATTC was held in Panama City, Panama, in
September 2024. At this meeting, the IATTC adopted Resolution C-24-01
(Conservation Measures for Tropical Tunas In The Eastern Pacific Ocean
During 2025-2026). Many of the provisions in Resolution C-24-01 are
identical in content to those contained in the previous tropical tuna
Resolution (C-21-04; Conservation Measures for Tropical Tuna in the
Eastern Pacific Ocean During 2022-2024), which NMFS implemented in a
July 8, 2022 rulemaking (87 FR 17248), and are in effect until they are
modified or amended. Resolution C-24-01 continues to include provisions
for a 72-day EPO fishing closure period for purse seine vessels,
exemptions from that closure period due to force majeure, catch limits
of bigeye tuna caught in the EPO for longline vessels greater than 24 m
in overall length, catch limit transfer requirements for bigeye tuna, a
requirement that all tropical tuna be retained and landed (with some
exceptions), and restrictions on the use and design of fish aggregating
devices (FADs).
In addition to continuing the existing measures, Resolution C-24-01
requires the IATTC to re-examine the Resolution at the annual IATTC
meeting in 2025 or 2026 based on a yellowfin tuna benchmark assessment
or, if a benchmark assessment is not available, the current stock
assessment, as long as it is deemed reliable by IATTC scientific staff
at that time. Based on that review, if necessary, the Resolution
provides that the Commission will take actions to reduce fishing
pressure on yellowfin tuna to a level that allows for sustainable
fishing. Alternatively, if the benchmark assessment or stock assessment
shows that the yellowfin tuna stock is not overfished nor subject to
overfishing, the Commission would consider options for new measures
that reduce the number of days of closure or the elimination of the
``corralito'' closure area, which NMFS currently has implemented in 50
CFR 300.25(e)(1) and 300.25(e)(6). If action is taken by the IATTC in
2025 and a new Resolution is adopted, NMFS would consider additional
action as appropriate.
The implementation of this Resolution by all IATTC members is
intended to prevent overfishing of tropical tuna stocks in the EPO.
Based on 2024 IATTC benchmark stock assessments and applying the stock
status criteria NMFS identified in the Highly Migratory Species
Fisheries Management Plan (HMS FMP), the stocks are not subject to
overfishing and are not overfished. Based on the most recent IATTC
benchmark assessment (2020) for yellowfin tuna in the EPO, NMFS
determined the stock is not overfished or subject to overfishing.
Efforts to complete a new benchmark assessment for yellowfin tuna are
underway, and results are anticipated within the next 2 years.
For the 2024 Commission meeting of the IATTC, the IATTC scientific
staff recommended that conservation measures from tropical tuna
Resolution C-21-04 be extended to prevent overfishing of these stocks.
Those measures are already codified and would continue under this
proposed rule, as discussed in the following section.
Proposed Regulations
This proposed rule would be implemented under the TCA (16 U.S.C.
951 et seq.) and include minor changes to part 300, subpart C of title
50 of the Code of Federal Regulations (CFR). The proposed rule would
apply to U.S. commercial fishing vessels using purse seine and longline
gear to catch tropical tuna in the IATTC Convention Area. Most of the
measures in Resolution C-24-01 do not need to be implemented through
this proposed rule because they continue existing measures that are
already codified and do not expire. These include maintaining a 750 mt
catch limit on bigeye tuna caught by longline vessels greater than 24 m
in overall length in the IATTC Convention Area (50 CFR 300.25(a)(2)),
maintaining the prohibition on purse seine vessels of class size 4 to 6
(i.e., vessels with a carrying capacity greater than 182 mt) from
fishing for tropical tuna in the IATTC Convention Area for a period of
72 days (50 CFR 300.25(e)(1)), and maintaining a closure period (i.e.,
the Corralito closure) for the purse seine fishery for tropical tuna
within the area of 96[deg] W and 110[deg] W and between 4[deg] N and
3[deg] S annually from 0000 hours on October 9 to 2400 hours on
November 8 (50 CFR 300.25(e)(5)).
The following provisions of C-24-01 also are already in the
regulations:
Provisions related to transferring longline catch limits
for bigeye tuna between IATTC members (50 CFR 300.25(a)(5));
Provisions related to selection of a 72-day closure period
(50 CFR 300.25(e)(2) and (3));
Provisions related to exemptions from the 72-day closure
period requirement due to force majeure (50 CFR 300.25(e)(5));
Requirements related to stowing gear during time/area
closure periods (50 CFR 300.25(e)(7));
A requirement that all tropical tuna be retained on board
and landed (with certain exceptions) (50 CFR 300.27(a));
Restrictions related to FADs for purse seine vessels in
the IATTC Convention Area (50 CFR 300.22(c) and 50 CFR 300.28);
Prohibitions against failing to comply with gear-stowing
restrictions, retention requirements, and FAD-related restrictions (50
CFR 300.24(e), (f), (m), (nn), (oo), and (pp)); and,
Reporting requirements for satellite buoys, including
specific information about activations and deactivations (50 CFR
300.22(c)(3) and (4)), and circumstances where activations and
deactivations are allowed (50 CFR 300.28(d) and (e)).
The following management measures would continue unless and until
modified or replaced, rather than expiring in 2025.
Regulations at 50 CFR 300.25(e) currently specify a system of
additional closure days for class size 4-6 purse seine vessels that
exceed specified annual catch levels for bigeye tuna for
[[Page 96633]]
calendar years 2023 and 2024. Under this proposed rule, the regulations
would remain in effect for 2025 and future calendar years. The catch
levels would continue to begin at 1,200 mt of bigeye tuna with 10
additional closure days and would increase incrementally by 300 mt and
3 additional closure days beyond that level. U.S. purse seine vessels
that exceed a certain annual catch level of bigeye tuna would be
required to increase the number of closure days they observe in the
following year, as specified in table 1.
Table 1--Bigeye Tuna Catch Levels and Corresponding Additional Closure
Days
------------------------------------------------------------------------
Additional closure
Catch level (mt) exceeded days observed
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1,200............................................. 10
1,500............................................. 13
1,800............................................. 16
2,100............................................. 19
2,400............................................. 22
------------------------------------------------------------------------
Regulations at 50 CFR 300.28(c) implement restrictions on active
FAD limits, as specified in table 2, for calendar year 2024.
Table 2--Active FAD Limits for Purse Seine Vessels
------------------------------------------------------------------------
Well volume (m\3\) Active FAD limit
------------------------------------------------------------------------
1,200 or more..................................... 340
426-1,199......................................... 210
213-425........................................... 85
0-212............................................. 50
------------------------------------------------------------------------
Under this proposed rule, the active FAD limits would remain in
effect for 2025 and future calendar years.
Although Resolution C-24-01 is in effect through 2026, NMFS does
not intend for these proposed regulations to expire concurrently with
the Resolution. Instead, because the IATTC will likely continue to
adopt similar conservation and management measures upon expiration of
this resolution, and to avoid a lapse in the management of the fishery
that may occur between expiration of the proposed regulations and
implementation of new measures adopted by the IATTC, NMFS proposes that
these regulations would remain in effect unless and until they are
amended or replaced.
The TCA gives NMFS the authority to promulgate such regulations as
may be necessary to carry out the United States' international
obligations under the Convention and this chapter, including
recommendations and decisions adopted by the Commission. 16 U.S.C.
955(a). In past years, NMFS has implemented IATTC resolutions for
specific calendar years, and this approach has at times led to lapses
in management in the affected fisheries in subsequent years. Given the
time-consuming nature of the U.S. domestic rulemaking process, combined
with the increasingly frequent delayed adoption of IATTC resolutions,
implementing domestic measures that do not expire unless and until new
measures are in place is necessary to carry out the United States'
international obligations under the Antigua Convention and the TCA
because it will ensure there is no lapse in management of the tropical
tuna fishery in the EPO.
Thus, NMFS proposes that the proposed regulations would remain in
effect until they are amended or replaced. NMFS intends to publish
proposed and final rules to implement new resolutions adopted by the
IATTC as expeditiously as possible; however, this approach would allow
existing regulations to remain in force and prevent any lapse in
regulatory coverage caused by expirations.
Because the IATTC adopted Resolution C-24-01 as a 2-year
conservation and management measure (2025-2026), the supporting
analyses for this proposed rule (discussed later in the Classification
section) cover a 2-year time period, with the understanding that NMFS
would consider whether these analyses would need to be supplemented
should the measures remain in effect for more than 2 years.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the TCA and other applicable laws, subject to
further consideration after public comment.
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Paperwork Reduction Act
This proposed rule does not contain changes to the collection of
information requirement for the purposes of the Paperwork Reduction Act
of 1995. The existing collection of information requirements would
continue to apply under Office of Management and Business (OMB) Control
Number 0648-0214 (Pacific Islands Region Logbook Family of Forms) as
well as for OMB Control Number 0648-0148 (West Coast Region Pacific
Tuna Fisheries Logbook, Fish Aggregating Device Form, and Observer
Safety Reporting) OMB Paperwork Reduction Act (PRA) requirements.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at: https://www.reginfo.gov/public/do/PRAMain.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the
Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The rationale for the certification is provided in the following
paragraphs.
The United States Small Business Administration defines a ``small
business'' (or ``small entity'') as one with annual revenue that meets
or is below an established size standard. For Regulatory Flexibility
Act purposes only, NMFS has established a small business size standard
of $11 million in annual gross receipts for businesses, including their
affiliates, whose primary industry is commercial fishing (see 50 CFR
200.2). This standard applies to all businesses classified under North
American Industry Classification System (NAICS) code 11411 for
commercial fishing, including all businesses classified as commercial
finfish fishing (NAICS 114111), commercial shellfish fishing (NAICS
114112), and other commercial marine fishing (NAICS 114119) businesses.
NMFS prepared the following analyses for this regulatory action in
light of this size standard. All of the entities directly regulated by
this regulatory action are commercial finfish fishing businesses. Under
this size standard, some U.S. purse seine vessels affected by this
action are considered large, and some are small businesses. The
longline vessels this action applies to are considered to be small
businesses based on above standards.
U.S. Purse Seine Vessels Fishing in the IATTC Convention Area
There are two components to the U.S. tuna purse seine fishery in
the EPO: (1) large purse seine vessels (class size 6; greater than 363
mt carrying capacity) that typically have been based in the western and
central Pacific Ocean
[[Page 96634]]
(WCPO), and (2) coastal purse seine vessels with smaller fish hold
volumes (class sizes 2-3; between 46-181 mt carrying capacity) that are
based on the U.S. West Coast. Although Resolution C-24-01 and the
proposed implementing regulations include restrictions for class size
4-5 (182-363 mt carrying capacity) purse seine vessels, there are
currently no U.S. vessels of class sizes 4-5 registered to fish in the
IATTC Convention Area, nor have there been in the past 10 years.
Therefore, to the extent the proposed regulations specify application
to class size 4-5 purse seine vessels, they are not expected to have
any impact on U.S. vessel owners or operators.
As of September 2024, the U.S. has 14 active large U.S. purse seine
vessels on the IATTC Regional Vessel Register authorized to fish in the
EPO. Twelve of these vessels also have Western and Central Pacific
Fisheries Commission (WCPFC) Area Endorsements. WCPFC Area Endorsements
are NMFS-issued authorizations required for a vessel to fish
commercially for HMS on the high seas in the WCPFC Convention Area.
NMFS used cannery data from the IATTC and Regional Purse Seine Logbook
(RPL) data from Pacific Islands Fisheries Science Center to estimate
fish landings in both the EPO and WCPO for the vessels that fished in
both Convention Areas within a year.
Because neither gross receipts nor ex-vessel price information
specific to individual fishing vessels are available to NMFS, NMFS
applied regional price data--as approximations of ex-vessel prices--to
annual catches of individual vessels obtained from RPLs and IATTC
observer data, to estimate the vessels' annual receipts.
Using this approach, NMFS estimates that among the affected
vessels, the range in average annual per-vessel receipts in 2021-2023
was $500,000 to $13.4 million with an average of approximately $10
million. Nine of the active purse seine vessels had estimated average
annual receipts of less than $11 million, and thus are considered to be
small entities. The remaining five are considered large businesses.
U.S. Longline Vessels That Fish in the IATTC Convention Area
As of September 2024, the IATTC Regional Vessel Register lists 35
large-scale longline vessels (i.e., greater than 24 m in overall
length) that have the option to fish in the IATTC Convention Area. The
majority of these longline vessels have Hawaii Longline Limited Access
Permits (issued under 50 CFR 665.13). Under the Hawaii longline limited
access program, no more than 164 permits may be issued. The Hawaii
longline fisheries include a tuna-targeting (including bigeye tuna)
deep-set fishery and swordfish-targeting shallow set fishery.
Additionally, there are U.S. longline vessels based on the U.S. West
Coast, some of which operate under the Pacific HMS permit and high seas
permits. U.S. West Coast-based longline vessels operating under the
Pacific HMS permit fish primarily in the EPO and are currently
restricted to fishing with deep-set longline gear outside of the U.S.
West Coast exclusive economic zone.
Between 2019 and 2023, longline vessels that fished in the IATTC
Convention Area had average ex-vessel revenues ranging from $197,301 to
$255,985 for total landings, including those in the EPO and WCPO. The
maximum ex-vessel revenue of any longline vessel that fished in the
IATTC Convention Area was well below the $11 million threshold for
finfish harvesting businesses. Therefore, all of the longline vessels
impacted by the proposed rule would be considered small business
entities.
Economic Impacts
The proposed action is not expected to have a significant economic
impact on a substantial number of small entities. Purse seine vessels
subject to this proposed rule are considered to include both large and
small businesses, and longline vessels subject to this proposed rule
are considered to be small businesses. All of the measures in the
Resolution maintain purse seine and longline measures that have been in
place in U.S. regulations for years and are therefore routine for the
purse seine and longline fleets. As described above, the IATTC extended
the measures to prevent overfishing.
Two provisions in the 2024 Resolution are proposed to be extended
beyond 2026 and without a specified end date. The proposed extension of
the regulations to continue these provisions in this way, and the
expected economic effects of these changes, are discussed in detail
below.
Additional closure days: The proposed action would remove end dates
from the regulations and thus would continue to add 10 closure days for
purse seine vessels that catch more than 1,200 mt of bigeye tuna, and
would continue to add 3 additional closure days for every additional
300 mt caught beyond the 1,200 mt. In reviewing catch levels for U.S.
purse seine vessels from 2017-2020, only one U.S. vessel caught more
than 1,200 mt in a single year. Since the 2022 rulemaking was put in
place, no U.S. vessels have caught more than 1,200 mt in a single year.
Thus, it is not expected that many, if any, U.S. vessels would be
required to adhere to additional closure days. For vessels that may
need to observe additional closure days, the majority of vessels have
the option to fish in the WCPO, pending closures in the WCPFC
Convention Area, noting that tropical tuna stocks in the WCPO are
considered distinct from EPO stocks.
FAD limits: The proposed rule would remove specific end years from
FAD limits per vessel. With respect to limits on active FADs, all large
U.S. purse seine vessels currently on the IATTC Regional Vessel
Register have a well volume of 1,200 m\3\ or more. Therefore, the limit
of 340 active FADs per large U.S. purse seine vessel would continue to
apply in 2025 and beyond. According to 2018-2020 purse seine effort
data provided by IATTC scientific staff, the average number of active
FADs per U.S. vessel is approximately 90 and the maximum number per
vessel is 271. Since the 2022 rulemaking began to gradually decrease
active FAD limits to their current limits, U.S. purse seine vessels
have continued to operate within the established limits. Thus, these
proposed regulations are not expected to reduce the number of active
FADs any U.S. purse seine vessel has in the water. As a result, these
measures are not expected to reduce the profitability of the fishery,
and no disproportionate impacts between small and large businesses are
expected.
In summary, the proposed action is not expected to substantially
change the typical fishing practices of affected vessels. Any impact to
the income of U.S. vessels is expected to be minor. Therefore, NMFS has
determined that this proposed rule is not expected to have a
significant economic impact on a substantial number of small entities.
Therefore, an Initial Regulatory Flexibility Analysis is not required
and none has been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: November 20, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 300 as follows:
[[Page 96635]]
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
0
2. Amend Sec. 300.25 by revising paragraph (e)(2)(i) to read as
follows:
Sec. 300.25 Fisheries Management.
* * * * *
(e) * * *
(2) * * *
(i) U.S. purse seine vessels that exceed a certain annual catch
level of bigeye tuna must increase the number of closure days they
observe in the following year, as specified in table 1 to this
paragraph (e)(2).
Table 1 to paragraph (e)(2)
------------------------------------------------------------------------
Additional closure
Catch level (mt) exceeded days observed
------------------------------------------------------------------------
1,200............................................. 10
1,500............................................. 13
1,800............................................. 16
2,100............................................. 19
2,400............................................. 22
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 300.28 by revising paragraph (c) to read as follows:
Sec. 300.28 FAD restrictions.
* * * * *
(c) Restrictions on Active FADs for purse seine vessels. U.S.
vessel owners and operators of purse-seine vessels with the following
well volume in cubic meters (m\3\) must not have more than the
following number of Active FADs per vessel in the IATTC Convention Area
at any one time, as specified in table 1 to this paragraph (c).
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Well volume (m\3\) Active FAD limit
------------------------------------------------------------------------
1,200 or more..................................... 340
426-1,199......................................... 210
213-425........................................... 85
0-212............................................. 50
------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-27689 Filed 12-4-24; 8:45 am]
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