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Summary Document, September 1998
Marbled Murrelet Surveys

Sharyn Boyd Becker and Jim Rogers


The murrelet population has dropped to a small fraction of the numbers that were present along the Oregon Coast prior to Euro­American settlement

1991 – 1995 BACKGROUND

The Marbled Murrelet Brachyramphus marmoratus is a robin-sized seabird that nests in old-growth forests near the ocean. Although murrelets have been observed as far as 50 miles inland in northwest Washington, they are rarely found more than 25-30 miles inland here in southwest Oregon. Since there is relatively little old-growth forest remaining close to the ocean, the murrelet population has dropped to a small fraction of the numbers that were present along the Oregon Coast prior to Euro-American settlement. In 1991 the Marbled Murrelet was listed as Threatened under the Endangered Species Act.

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In June 1991, members of Friends of Elk River discovered a murrelet nest in the North Fork of Elk River in the proposed Copper Iron Timber Sale. The nest was verified by Oregon State University Murrelet Biologist, Dr. S. Kim Nelson, as the first nest found on the Siskiyou National Forest. A professional video was produced of the adult murrelet feeding the nestling.

In July 1991, we observed occupied behavior by several marbled murrelets at the "Forks of Panther Creek". This record was sent to Powers Ranger District Wildlife Biologist, Sue Livingston. At that time we were certified Marbled Murrelet surveyors and were under contract to the Forest Service to search for Spotted Owls.

Friends of Elk River were informed that our record of murrelet occupancy in Father Oak Unit1 would not be accepted by the USFS


Then in 1994, we observed occupied behavior by marbled murrelets in Unit 1 of the Father Oak Timber Sale located in the Beartrap Creek drainage. This record was sent to the Siskiyou National Forest and the US Fish & Wildlife Service. The Father Oak sale had been sold but had not yet been released pending two years of murrelet surveys.

The following year, Friends of Elk River were informed that our record of murrelet occupancy in Father Oak Unit1 would not be accepted by the USFS because our surveyors were not employed by the Forest Service at the time of the observation.


1995 FATHER OAK MURRELET SAGA

In the spring of 1995, we decided to survey Father Oak Unit 1 for a second season and to also survey Father Oak Unit 5 which is located on Bald Mountain Creek. Beginning May 3, we visited the Forest Service survey stations which were all located on roads. We had no detections in Unit 1, but on May 13 in Unit 5 we observed a murrelet flying at tree-top level. This record was sent to the Siskiyou NF.

As Unit 1 is located on Beartrap Creek which flows directly toward the ocean about two miles west, and since murrelets are known to fly along stream corridors, we reasoned it would be logical that murrelets coming into Unit 1 from the ocean would likely follow the creek. So we established a survey station near the creek at the bottom of Unit 1. On May 19, our first visit to that station, we observed occupied behavior by at least one pair of murrelets. The record was sent to the Siskiyou NF.

The video tape showed the birds clearly and distinctly.
Realizing that this record would also not be accepted, we returned to the station and set up a video camera. Pointing the camera at the hole in the canopy through which we had observed the occupied behavior, we turned it on and waited. At 5:24 a.m. a pair of murrelets flew overhead. During the next six minutes several more observations were made, including a pair circling. The video tape showed the birds clearly and distinctly. We continued to search for murrelets in the two units, videotaping and documenting observations. A copy of the video tape and detailed notes of every observation of murrelets were sent to the Siskiyou NF. Lacking any response to our reports, we sent a copy of the tape and our notes to the US Fish & Wildlife Service. The Forest Service then began sending a biologist one day a week to accompany us on our surveys. By this time, the activity had died down considerably from the initial breeding activity observed in May.


We didn’t observe any murrelets on our first three visits to this station in the company of the Forest Service biologist. However, on July 13, two murrelets were observed landing in a tree. The following day we requested that the Forest Service biologist come to this location and we videotaped his confirmation of this apparent nest tree. A subsequent visit by Kim Nelson confirmed this as the second nest found on the Siskiyou. On July 21, the biologist joined us in visiting Unit 5 and we observed occupied behavior (circling and flying below the canopy) by a pair of murrelets. All of the occupied activity in both units was observed from survey stations located down in the canyons.

1996 THE AWAKENING

We noticed that nearly every station in the Powers RD was located on ridgetop roads rather than down in the canyons.
Some members of Friends of Elk River contract forestry and wildlife survey work with the government. Initially we didn’t bid on the Forest Service murrelet survey contract because it required that one contractor do all of the Marbled Murrelet, Spotted Owl and Great-gray Owl surveys on the Siskiyou NF, Rogue River NF, and Medford District BLM. However, in 1997, the contract was altered to allow bidding on a single item and we requested bid materials. In studying the contract we noticed that nearly every station in the Powers RD was located on ridgetop roads rather than down in the canyons. We had learned from the Father Oak experience, and had emphasized to the Forest Service, that the murrelets are mostly down in the canyons, not up on the ridgetop roads. We submitted a bid for the Powers District murrelet surveys with a cover letter stating that the location of the survey stations was not conducive to finding murrelets and offering to work with the Forest Service to find more appropriate locations. We bid $100 per station. The contract was awarded to Galea Wildlife Consulting for $240 per station.
Our expression of concern was answered with the advice to "get used to the fact that all of the Matrix will be logged!"
Shortly thereafter, we met with the Siskiyou’s Acting Forest Supervisor and the three Westside District Rangers to discuss mutual concerns. Again we brought up our concern that the ridgetop road Marbled Murrelet survey stations were unlikely to find the murrelets that we knew were in the Panther Creek canyons as evidenced by our 1991 observation at the "Forks of Panther Creek" and our Father Oak experience. Our expression of concern was answered with the advice to "get used to the fact that all of the Matrix will be logged!" We then realized that to find out what was really taking place in our watershed, Friends of Elk River would have to conduct our own murrelet surveys.
Since murrelets fly into the forest around sunrise, it is necessary to access stations in the dark.


1997 PANTHER CREEK SURVEY

In March 1997, we began studying old-growth maps we prepared from Forest Service Ortho Photos. Reasoning that creeks flowing through the old-growth stands were the most likely places to find murrelets, we located possible stations on the map. We then searched for these locations on the ground, finding spots where a hole in the canopy would allow us to see murrelets traveling up or down the creek. We brushed out trails to these locations, flagging the trails with white ribbon to enable following them with a flashlight in the dark. Since murrelets fly into the forest around sunrise, it is necessary to access stations in the dark.

While preparing our trails, we were also seeking funding from allies and foundations. Thanks to numerous contributions, we were able to contract Rogers & Associates Forestry Consultants to conduct a thorough, scientifically credible Marbled Murrelet survey of the Panther Creek drainage. All survey personnel would be officially "certified" and all surveys were to be conducted in accordance with the Pacific Seabird Group Protocol, except that excessive water noise would not be a factor in selecting station locations.

We faxed the record of the sighting to the Powers Wildlife Biologist together with a letter detailing the observation and describing how to locate the station.


The following enumerates all Occupied Behavior recorded during our 1997 Panther Creek survey and all visits to our bellwether station, 1A:

  • May 9 Recorded our first occupied behavior at Station 3 in the West Fork of Panther Creek (a single bird flying below canopy). Establishing a pattern that has been employed in all our observations of occupied behavior, we faxed the record of the sighting to the Powers Wildlife Biologist together with a letter detailing the observation and describing how to locate the station. Copies of the letter were also mailed to the Siskiyou Forest Wildlife Biologist, the US Fish & Wildlife Service, Kim Nelson (OSU), and our attorney. A Forest Service biologist visited the site June 27th and verified occupancy.
  • May 10 Recorded occupied behavior (circling above canopy) at Station 1, approximately two hundred feet up Panther Creek from Elk River Road.
Recorded twenty-five detections of murrelets including occupied behavior (circling and flying below canopy).  
  • May 12 Recorded occupied behavior (circling) at Station 17, the "Forks of the Middle Fork" of Panther Creek. Forest Service biologist verified occupancy July 18th.
  • May 12 Established Station 1A on the bridge where Elk River Road crosses the mouth of Panther Creek. Recorded twenty-five detections of murrelets including occupied behavior (circling and flying below canopy). Decided to visit this location at regular intervals to gauge activity levels. The site was verified as occupied by Forest Service biologists July 9th.
  • May 17 Another visit to Station 17 again revealed occupied behavior (flying below canopy).
 
  • May 18 Recorded occupied behavior (circling above canopy) at Station 5, west of the Forks of the Middle Fork. This station was not visited by Forest Service biologists as it was near verified Station 17.
  • May 19 A visit to Station 1A (mouth of Panther Creek) resulted in only five detections.
  • May 25 Occupied behavior was observed at Station 19, (mouth of Lost Creek). A search of records by Forest Service biologists revealed previous record of occupancy (including twenty detections) at this site by Kim Nelson’s crew on July 23, 1990.
  • May 27 A visit to Station 1A resulted in no detections.
We commented that we had seen no sign of the Forest Service contract murrelet surveyors.
In early June, a letter summarizing our May surveys and copies of all survey forms were sent to the Siskiyou Forest Supervisor, the Powers District Ranger, and the US Fish & Wildlife Service. We commented that we had seen no sign of the Forest Service contract murrelet surveyors. Copies of our summary letter were sent to Kim Nelson and our attorney.


We continued to survey through the month of June, observing far less activity than during the period of peak activity in May. The following observations of occupied behavior were made during the month of June:

  • June 16 Again recorded occupied behavior at Station 19.
  • June 17 Recorded occupied behavior approximately ¼ mile up Lost Creek at Station 20. Verified as occupied by Forest Service biologists June 28th.
  • June 23 A visit to Station 1A netted two detections, one of which was occupied.

No further observations of occupied behavior occurred during June. Again, our records were sent to the Siskiyou Forest, Powers R.D., and USFWS. We also sent a copy of a graph illustrating patterns of seasonal variation of activity which is found on page 119 (Fig 2) of USFS document Ecology and Conservation of the Marbled Murrelet published by the Forest Service February 1995 (General Technical Report PSW-GTR-152). This graph illustrates a pattern of activity similar to what we seemed to observe with our periodic visits to Station 1A.

There was little activity observed during the first week of July, but the second week marked the beginning of a period of considerable activity.

  • July 10 Recorded sixteen detections including occupied behavior (circling) at Station 14, in the east fork of the East Fork of Panther Creek. This station was never visited by the Forest Service because most of the ½ mile radius circle surrounding it is outside the Matrix boundary.
  • July 11 Occupied behavior (circling) was Recorded at Station 23 in Lost Creek. This station was never visited by Forest Service biologists because its entire circle is outside Matrix and much of it overlaps the verified Station 20.
  • July 17 Occupied behavior (below canopy flight) was observed at Station 22 in the East Fork of Panther Creek. This was verified as occupied by Forest Service biologists August 4th.
  • July 20 Occupied behavior (below canopy flight) was recorded at Station 21 in the West Fork of Panther Creek. This station was never visited by Forest Service biologists because its ½ mile radius circle barely touched Matrix.
  • July 25 Another return to Station 1A resulted in forty-three detections, most of which were occupied behavior, primarily flying below canopy.
  • July 26 Using three surveyors at Station 12 in the East Fork Panther Creek, we recorded eleven detections, most of which were occupied behavior. At this time the Forest Service cut off funding for biologists who check our sightings.
  • July 29 Occupied behavior (below canopy flight) was recorded at Station 13 in the East Fork of Panther Creek. This station was verified as occupied by Forest Service contractors on July 22, 1998.
  • July 31 A visit to Station 1A resulted in thirty-nine detections, many of which were occupied behavior.

Again, all of our survey records were sent to the Siskiyou National Forest, Powers RD and USFWS. Letters were sent to these agencies, OSU, and our attorney.

  • August 5 With the survey season coming to a close, we established a survey station in Blackberry Creek and recorded occupied behavior (below canopy flight, circling below canopy and landing in a tree) at Station 25 in the West Fork of Blackberry Creek. We discovered that this site is within two hundred feet of one of the already sold BBerry Thin Timber Sale units.
We documented that approximately two-thirds of the Panther Creek drainage is occupied by nesting murrelets.


Summary of 1997 Survey Season

During 1997, we documented that approximately two-thirds of the Panther Creek drainage is occupied by nesting murrelets. A total of fourteen occupied stations were recorded. We found murrelets in the mainstem and all three forks of Panther Creek as well as Lost Creek and the West Fork of Blackberry Creek.


Of these fourteen occupied stations, twelve were either verified by the Forest Service, lumped in with other nearby verified stations, or not visited because they were entirely or mostly outside of Matrix.

Ten of the fourteen stations are entirely or mostly within the Matrix land allocation.

Again our offer was rejected in favor of Galea Wildlife Consulting for double our price
1998 BLACKBERRY CREEK SURVEY

We again bid on the Forest Service Wildlife Survey, and again our offer was rejected in favor of Galea Wildlife Consulting for double our price. We again successfully sought foundation grants, contracted with Rogers & Associates Forestry Consultants (who now had four surveyors certified through the Mad River Biologists’ training program) and made preparations for a complete survey of the entire Elk River Matrix. Again, we located potential survey stations on our old-growth maps, situated these stations at optimum on-the-ground locations, and brushed and flagged routes to them. Again, most of our stations were located in creek bottoms.


The Blackberry Creek drainage had been surveyed by Galea Wildlife Consulting prior to issuing a Finding of No Significant Impact for the B’Berry Thin Timber Sale, which was sold in 1995 under the Salvage Rider. No murrelets had been located in the Blackberry Creek drainage. We began surveying this area on May 1, 1998 with the following results:

  • May 1 Occupied behavior (below canopy flight) was observed at Station 35 located on Elk River Road in a small, unnamed creek near the northeast boundary of the Matrix. Again, continuing with previously established procedure, the record was immediately faxed to the Powers Wildlife Biologist and a letter detailing the observation was sent to the Siskiyou National Forest, the USFWS, OSU, and our attorney. Forest Service biologists were unable to verify occupancy at this station.
  • May 4 Continuing our periodic visits to Station 1A, we recorded two detections, one of which was occupied behavior (below canopy flight).
  • May 9 Another visit to Station 1A resulted in four detections, none of which were occupied.
  • May 18 A survey at Station 1A again resulted in four detections, two of which were occupied (below canopy flight).
  • May 22 A single murrelet passed overhead flying down the West Fork of Blackberry Creek below canopy height at Station 32. Station 32, located in the B’Berry Timber Sale, encompasses all or portions of four units. Forest Service contractors subsequently visited this station, recording presence but not occupancy.
  • May 23 Occupied behavior (below canopy flight) was observed at Station 29 in the West Fork of Blackberry Creek. Station 29 is in one of the B’Berry units and encompasses most of another unit. It also encompasses Unit 3 of the Toastberry Timber Sale (an old-growth stand clearcut during the Salvage Rider after the Forest Service contractors failed to find murrelets within ½ mile of the unit. Station 29 was verified occupied by Forest Service biologists July 9th.
  • May 23 A visit to Station 1A resulted in no detections.

No further occupied detections were recorded during May. As previously established, copies of our May records were sent to the Siskiyou Forest Supervisor, the Powers District Ranger and the US Fish & Wildlife Service. Letters detailing the past month’s activity were sent to these three agencies as well as OSU, and our attorney. We also began sending the monthly summary letters to Grant Gunderson, the Forest Service Threatened & Endangered Species authority in the Regional Office, and to our funding foundations.

Continuing through June, we recorded the following:

  • June 3 Occupied behavior, consisting of eleven below canopy flights was observed at Station 34 near Laird Lake in the South Fork Elk River drainage. This station encompassed portions of two units of the BBerry Thin sale. The site was verified as occupied by Forest Service biologists June 18th.
  • June 4 Occupied behavior (below canopy flight) was recorded at Station 31 in the East Fork of Blackberry Creek. This station encompasses a portion of one unit of the B’Berry Thin Sale as well as all of Unit 4 of the Toastberry Sale, which, like Unit 3, had been a stand of old-growth timber that was clearcut during the Salvage Rider after being certified murrelet-free. Two months later (August 4th) Forest Service biologists made one visit to this station. At that time they recorded no detections.
  • June 11 A visit to Station 1A resulted in a single detection, a very low below canopy flight.
  • June 12 Occupied behavior (calling from a stationary location) was recorded at Station 34A in the South Fork Elk drainage. This station encompasses essentially the same B’Berry Thin areas as Station 34. The station was confirmed as occupied on June 26th by Forest Service biologists.
  • June 16 A visit to Station 1A resulted in no detections.
  • June 27 A visit to Station 1A resulted in no detections.

As observed in previous years, most of June was a period of low murrelet activity. Again, all survey records for the month were sent to the three agencies and the letter detailing these observations was sent to the formerly-noted parties.

Continuing into July:

  • July 3 Occupied behavior (circling above canopy) was observed at Station 30 which is located in a stand of old-growth on the ridgetop between the East and West Forks of Blackberry Creek. This observation was verified by Forest Service biologists on July 17th. Station 30 encompasses all of one unit and a portion of another unit of the B’Berry Thin Sale, as well as Unit 4 of the Toastberry Sale.
  • July 12 A visit to Station 1A resulted in seven detections, one of which was occupied behavior (circling below canopy).
  • July 16 Occupied behavior (below canopy flight) was observed at Station 50 at the upper end of the east fork of the Middle Fork of Panther Creek. This station was verified occupied by the Forest Service as their contractor recorded occupied behavior approximately two hundred meters from this spot June 10th.
Visiting Station 1A, we recorded 33 detections, many of which were occupied behavior  
  • July 16 Another visit to Station 1A resulted in fourteen detections, five of which were below canopy flights.
  • July 18 Again visiting Station 1A, we recorded 33 detections, many of which were occupied behavior.
 
  • July 20 Occupied behavior (below canopy flight) was observed at Station 34B in the South Fork Elk drainage. This was verified by Forest Service biologists as it was very near the location where their contractors recorded occupied behavior July 23, 1996. This encompasses the same general area as Stations 34 and 34B.
  • July 21 Occupied behavior (below canopy flight) was observed at Station 40 in the Milbury Creek drainage. A single visit by Forest Service biologists found presence but not occupancy.
  • July 21 Occupied behavior (below canopy flight) was recorded at Station 26A in the West Fork of Blackberry Creek. This encompasses portions of three units of the B’Berry Thin sale. A single confirmation visit by Forest Service biologists failed to detect murrelets.
  • July 22 Occupied behavior (below canopy flight) was recorded at Station 44 in the Bear Creek Matrix. A single visit by Forest Service biologists on July 25th failed to detect murrelets. Several detections had been recorded by our surveyors on July 19th.
  • July 22 Occupied behavior (three below canopy flights) was recorded at Station 47 in the West Fork of Blackberry Creek. A verification visit by Forest Service biologists on July 24th resulted in twenty-eight detections, many of which were occupied behavior. This station encompasses a small portion of one B’Berry Thin unit.
  • July 24 Occupied behavior (circling below canopy and calling from a stationary location) was observed in the Middle Fork of Panther Creek at Station 16A. A single visit by Forest Service biologists on August 4th failed to detect murrelets.
  • July 24 Occupied behavior (calling from a stationary location) was recorded at Station 18A located approximately two hundred meters from Station 16A. This station was never visited by Forest Service biologists.
  • July 26 A visit to Station 1A resulted in sixteen detections, four of which were occupied behavior.
  • July 28 Occupied behavior (below canopy circling) was recorded at Station 28 in the Middle Fork of Panther Creek. Seven other detections were recorded. A single visit by Forest Service biologists on August 4th failed to detect murrelets.

No further occupied detections were recorded during the remainder of July. Our records and letter were sent to the previously named parties.

During August, one more occupied site was located:

  • August 3 Occupied behavior (below canopy flight) was observed at Station 52A in a tributary of the West Fork of Blackberry Creek. A single visit to this site by Forest Service biologists on August 4th failed to detect murrelets. Our surveyors also observed a murrelet from this station on July 30, but it was flying slightly above the canopy.
  • August 5 A visit to Station 1A resulted in five detections, three of which were below canopy flights.
  • August 11 A final survey at Station 1A resulted in no detections and we ceased survey activities for the season.

Summary of 1998 Survey Season

A total of seventeen occupied stations were located during 1998. We found nesting murrelets in the East and West Forks of Blackberry Creek, the Middle Fork of Panther Creek, Milbury Creek, and the South Fork of Elk River. Forest Service biologists were able to verify seven of these areas. Most of the unverified sites were only visited once by biologists.

Two stands of old-growth forest ... that were clearcut during the Salvage Rider, were actually inside occupied circles, constituting "takings" under the Endangered Species Act
Our 1998 survey also revealed that two stands of old-growth forest (Toastberry Units 3 & 4) that were clearcut during the Salvage Rider, were actually inside occupied circles, constituting "takings" under the Endangered Species Act. Additionally, timber falling and road construction on the B’Berry Thin Sale began about July 26, within ¼ mile of occupied sites. These activities constitute "incidental takings".
Roughly 90% of the Matrix land in the watershed is currently occupied by nesting murrelets


MARBLED MURRELET PROJECT SYNOPSIS

Two years of scientifically sound Marbled Murrelet surveys in the Elk River watershed, conducted by certified murrelet surveyors, show that roughly 90% of the Matrix land in the watershed is currently occupied by nesting murrelets (see Figure 1).

The surveys demonstrate that all units and 90% of the area in the B’Berry Thin Timber Sale are in occupied territory, that is, within ½ mile of occupied sites (see Figure 2).


Four units (1, 3, 7 and 12) are entirely or mostly within ¼ mile of occupied sites. Another four units (2, 4, 5 and 10) are partly within the ¼ mile radius circles. Only units 9 and 11 remain outside ¼ mile circles (see Figure 3).

It appears that all BBerry units except 1 and 10, contain suitable habitat for nesting murrelets. Murrelets were actually found nesting in Unit 3.

We found a total of thirty-one occupied sites in two years of surveys. In four years of surveys in the same vicinity, the Forest Service contractors have found only four.
We found a total of thirty-one occupied sites in two years of surveys. In four years of surveys in the same vicinity, the Forest Service contractors have found only four. One of the reasons for this disparity is that most of our stations were located down in the canyons and most of theirs were on ridgetop roads. Another reason is that in 95, 96, and 97, Galea Wildlife Consulting didn’t begin their surveys until mid-June when the nesting season was already half over. This missed all the May breeding activity. The failure to locate nesting murrelets has resulted in several "takings" under the Endangered Species Act.
Under the Forest Service contract, if a possible sighting was made, or presence detected ... It was simply considered not occupied.
The 1998 Forest Service Wildlife Survey contract had murrelet stations in better locations on the map than did the previous year’s contracts; however, each station was allotted only one visit. This resulted in inferior on-the-ground station location, as we observed on several occasions. We employed far fewer stations, taking the time to find the best spots and brushing trails to these locations (see Figure 4). This enabled us to return to each station periodically until occupied behavior was observed. Whenever we saw what might have been a murrelet, we would return to the station until we could be certain whether or not it was occupied by murrelets (see Figure 5). Under the Forest Service contract, if a possible sighting was made, or presence detected, there was no allowance for additional visits to determine the true status of the site. It was simply considered not occupied.
Our surveys in the Elk River watershed show that they missed most of the nesting murrelets in the areas they surveyed.
To the best of our knowledge, all Forest Service Marbled Murrelet surveys in the Elk River watershed have been performed by Galea Wildlife Consulting. Our surveys in the Elk River watershed show that they missed most of the nesting murrelets in the areas they surveyed. Perhaps this phenomenon is limited to the Elk or perhaps it is limited to the Powers Ranger District. On the other hand, it may encompass the entire area contracted by the Siskiyou and Rogue River National Forests and Medford BLM.
Friends of Elk River are willing to assist the government in locating the most advantageous survey stations.


The Standards and Guidelines for Management of Habitat for Late-Successional and Old-Growth Forest Related Species Within the Range of the Northern Spotted Owl
states, on page C-10, "Pre-project surveys of marbled murrelet habitat are required according to protocol currently used by the federal agencies. Current protocol requires 2 years of surveys to assure that no marbled murrelet nests exist in areas planned for timber harvest. If behavior indicating occupation is documented (described below), all contiguous existing and recruitment habitat for marbled murrelets (i.e., stands that are capable of becoming Marbled Murrelet habitat within 25 years) within a 0.5-mile radius will be protected."

With the above evidence in mind, before any area can be considered murrelet-free, it is now apparent that all suitable habitat within thirty miles of the coast that has been surveyed for marbled murrelets in preparation for timber harvest, must be surveyed for at least another two years, with stations located primarily in old-growth stands along the streams.

Friends of Elk River are willing to assist the government in locating the most advantageous survey stations.

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