Act of the Czech National Council No. 270 / 1992 Coll.
Act of the Czech National Council amending and supplementing Act No. 23 / 1962 Coll., on hunting, as amended by Act No. 146 / 1971 Coll., Act of the Czech National Council No. 96 / 1977 Coll. and Act of the Czech National Council No. 143 / 1991 Coll.
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Effective from 01.06.1992
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270
THE LAW
Czech National Council
of 28 April 1992
amending and supplementing Act No. 23 / 1962 Coll., on hunting, as amended by Act No. 146 / 1971 Coll., Act No. 96 / 1977 Coll. and Act No. 143 / 1991 Coll.
The Czech National Council decided on this law:
Act No. 23 / 1962 Coll., on hunting, as amended by the Act of the Czech National Council No. 146 / 1971 Coll., the Act of the Czech National Council No. 96 / 1977 Coll. and the Act of the Czech National Council No. 143 / 1991 Coll., are amended and supplemented as follows:
1.
Preliminary provisions
Hunting is an activity that protects, utilises and improves natural wealth on the conservation, processing, breeding and hunting of game and its living conditions and is an integral part of a set of economic activities carried out by man in nature. "
2. In Part One, the words "and participation of workers in the management and exercise of the right of hunting 'are deleted from the title.
3.
(1) The right of hunting is a summary of the rights and obligations of the game to protect, to deliberately breed, to hunt, to take possession of hunted or extinguished game, to collect antlers and feathered game eggs, and to use to that extent the necessary hunting grounds. The right of hunting may be exercised only in accordance with this law and the provisions issued for its implementation.
(2) The owner of the hunting grounds may leave the tenant, who is a Czechoslovak physicy1) or a Czechoslovak law2) a person to the lease, and the right to hunting; the lease of hunting rights is prohibited. ';
4. Sections 3 and 4 are deleted.
5. The current text of Section 5 becomes paragraph 1.
6. In Section 5, the following paragraphs 2 and 3 are added:
"(2) Jerries in which the right of hunting can be exercised are either hunts own or social.
(3) Jerries are created with regard to the interests of game farming. "
7.
(1) The district office may recognise as its own hunting grounds all continuous hunting grounds owned by a Czechoslovak natural or Czechoslovak legal person or, where applicable, by a person who rents such land and has a hunting right in accordance with § 2 (2) (hereinafter referred to as "owner of hunting grounds") if they have an area of at least 500 ha. The application for recognition of the hunting grounds shall be submitted by the owner of the hunting grounds. Other continuous affluent parcels of other owners may be added to one owner's hunting grounds of 500 ha if agreed upon. The agreement must be in writing. This procedure is only possible when a chase is recognised.
(2) The County Office may, on its own initiative, recognise as its own hunting ground owned by one owner, provided that it has an area of at least 500 ha, unless the owner himself submits an application for their recognition as a hunting ground. The costs associated with this shall be borne by the owner of the hunting grounds.
(3) The district office may recognise as a social chase more than one owner's hunting grounds, where the area of the hunting grounds of one owner is less than 500 ha, the land is linked and reaches at least 500 ha and their owners form a hunting community. (3) The proposal for recognition of the social chase is submitted by the social society. The owner of continuous hunting grounds of more than 500 hectares may also be a member of the company's hunting grounds if he is not interested in recognising his own hunting grounds.
(4) The county authority may recognise as a collective hunting ground of several owners on its own initiative, if the area of the hunting grounds of one owner is less than 500 ha, the land is linked and reaches at least 500 ha and their owners did not form a hunting community or the latter did not submit a proposal for recognition of the hunting ground. The costs associated with this shall be borne by the owners of the hunting grounds recognised as such for hunting, unless they submit to the district office documents certifying their ownership of the hunting grounds.
(5) Hunting land which does not form its own or a social chase or which is not owned by a Czechoslovak natural or Czechoslovak legal person shall be assigned by the district office to the neighbouring hunting ground, as a general rule, which has the longest common border with such land, provided that the protection of natural property and the principles of sound hunting farming do not require any other affiliation. The owners of the land thus assigned shall be compensated. The closer conditions for granting this refund and its amount are laid down by the Ministry of Finance of the Czech Republic in general binding legislation. However, that refund shall not apply where the affluent land has been added to the collective chase and the owner has been accepted at his own request as a member of the relevant affiliation community.
(6) The wholly separated hunting grounds of one or more owners which are not related to other hunting grounds may be recognised by the district office as having its own hunting grounds (paragraphs 1 and 2 shall apply mutatis mutandis) or by society (paragraphs 3 and 4 shall apply mutatis mutandis), even if they do not reach 500 ha. The County Office may provide that game hunting in such hunting operations shall be carried out to a limited extent.
(7) The county authority may also recognise as a chase continuous hunting grounds owned by a vocational school in which hunters or animal research institutes are raised, even if they are less than 500 ha in size, but they create conditions for proper hunting. Proposals for recognition of hunting sites shall be submitted by owners of hunting grounds. ';
8. the following Section 6a is inserted after Section 6:
(1) If it requires the protection of natural wealth and the principles of sound hunting management, the chase may be rounded up by border balancing or by replacing the land. When rounding the hunt, no account shall be taken of the administrative units (districts).
(2) The border clearance of the hunting zone may be carried out by the district office for its recognition, up to a maximum of 5% of the total area of the chase. By levelling the borders, the total area may fall below 500 hectares; the Ministry of Agriculture of the Czech Republic allows an exception to this provision. When balancing borders, the district office shall ensure that the rounding is bilateral. It is for their owners to be compensated for the foreign hunting grounds attached to the chase in the context of border balancing. The Ministry of Finance of the Czech Republic provides for more detailed conditions for granting this compensation and its amount by means of a generally binding legislation.
(3) The replacement of hunting grounds may be proposed by the owner of the land which, pursuant to Article 6 (1), is entitled to apply for recognition of its own hunting or hunting community, provided that the borders of neighbouring hunting sites would be so unfavourable that, in view of the animal species present, there would be significant violations of the principles of good hunting and natural wealth protection. The application for the exchange of hunting land shall be submitted at the same time as the application for recognition of hunting grounds and shall take the form of a written contract concluded with the relevant landowner authorised to apply for recognition of his own hunting ground or the relevant hunting community. On its own initiative, the district authority may propose the exchange of hunting land (§ 5 (3)). In the exchange of land for rent, the area of hunting must not fall below 500 ha.
(4) The exchange of hunting land in specially justified cases where there would be a significant breach of the principles of good hunting and a significant burden on the protection of natural property is carried out by the district authority on its own initiative, within a maximum of 10% of the total area of hunting activity, so that the area of hunting does not fall below 500 ha.
(5) Where justified, the procedure laid down in paragraphs 2 and 4 may be combined. "
9.
(1) The District Office may recognise as a field of continuous hunting land owned by a Czechoslovak natural or Czechoslovak legal person, even if it does not reach 500 ha, provided that such land is permanently and perfectly enclosed, so that the animals which are kept therein cannot freely be removed. Other affluent land of other owners may be added to the land of one owner if agreed upon. The agreement must be in writing.
(2) According to paragraph 1, the district office may recognise as a branch and associated affluent land several owners, provided that their owners establish an affluent community and submit a proposal for the recognition of the field. "
10.
(1) The county authority may recognise as a separate pheasant the affluent land owned by a Czechoslovak natural or Czechoslovak legal person together with adjacent foreign affluent land for agriculture or forestry, where all such land is continuous and together create exceptionally suitable conditions for intensive breeding of pheasants; However, their total area does not need to be 500 ha. When recognising a separate pheasant, the district office shall decide at the same time on the affiliation of adjacent foreign hunting grounds to the extent necessary. The owners shall be compensated for the foreign property thus assigned. The Ministry of Finance of the Czech Republic provides for more detailed conditions for granting this compensation and its amount by means of a generally binding legislation.
(2) Under paragraph 1, the County Office may recognise more than one owner as a separate pheasant as well as related affidavit if its owners establish an affluent society and submit a proposal for the recognition of a separate pheasant. "
11.
(1) The right of hunting in a recognised chase, branch and separate pheasant (hereinafter referred to as "honitba") is for the Czechoslovak natural or Czechoslovak legal person who has been recognised by it on its proposal, or for the owners of the hunting grounds recognised as hunting pursuant to Article 6 (2) or for the hunting community created subsequently after recognition of the hunting operation pursuant to Article 6 (4) (hereinafter referred to as "the owner of the hunting operation").
(2) The owner of the hunt shall be named by the district office in the decision on recognition of the chase or, where appropriate, in the addendum to the decision, if the hunting community was formed subsequently after recognition of the chase (§ 6 (4)). "
12. Paragraph 12 is deleted.
13. In Paragraph 13 (1), the beginning of the first sentence reads: "The recognition of wanivers is decided," the words "after consultation with the Czechoslovak Hunting Union" are deleted, and the last sentence is replaced by the sentence: "Such agreements are also required in the case of rounding-off."
14. Paragraph 13 (2) shall be deleted.
15. Paragraph 13 (3) becomes paragraph 2 and reads:
"(2) The county office shall determine for each hunting class and the standardized states of selected individual game species. The list of species of game for which quality classes and standardized conditions are defined by the Ministry of Agriculture of the Czech Republic, in agreement with the Ministry of Environment of the Czech Republic."
16.
(1) Czechoslovak natural and Czechoslovak legal persons may exercise the right of hunting sdruvat.4)
(2) The owner of the hunt may exercise the right of hunting in this hunt himself or may by contract rent it to another Czechoslovak natural or Czechoslovak legal person or association. The Czechoslovak legal entities that manage the land owned by the State, 5) rent out their hunts mainly to hunting associations and Czechoslovak legal persons who run agricultural or forestry in the land.
(3) If, within three months of the date of the acquisition of legal power, the owner of the hunt does not start to exercise the right of hunting himself or lease it, the district office shall lease it to another Czechoslovak natural or Czechoslovak legal person or their association. Any revenue from such a lease will be used by the District Office to develop hunting in the relevant district. The same shall apply if owners of hunting grounds recognised as hunting grounds pursuant to Article 6 (4) do not form a hunting community.
(4) If the lease by the district office referred to in paragraph 3 is not possible, the district office shall entrust the exercise of hunting rights to another Czechoslovak natural or legal person or their association. The costs associated with the necessary exercise of the right of hunting in such a case shall be borne by the owner of the hunting or, where appropriate, by the owners of the hunting grounds recognised as being hunting pursuant to Article 6 (4), unless they form a hunting community. Disputes concerning the costs associated with the necessary enforcement of hunting rights and their reimbursement shall be decided by the court.
(5) Persons authorised by the District Office to exercise the right of hunting pursuant to paragraph 4 shall not be considered as users of hunting (§ 15). '
17. In Paragraph 15 (1), the words "State organization and hunting associations" are replaced by the words "Czechoslovak natural and Czechoslovak legal person, or their association," and the words "with the care of a socialist economist" and "after consulting the Czechoslovak hunting union" are deleted.
18. in Article 15 (2):
"(2) The Thessaloniki operator is appointed and recalled by the district authority to the proposal of the wanker user. At the same time, a hunting operator shall issue a licence to perform this function. The district office may also decide to dismiss a hunting operator on its own initiative if it is grossly or again in breach of its obligations or has lost its capacity to perform this function. ';
19. in Article 16 (1) and (2):
"(1) The contract for the hire of hunting animals must be concluded in writing for a period of 10 years from the beginning of the hunting season. The first hunting season shall begin on 1 April 1993 and end on 31 March 2003. The lease contracts concluded during the hunting season end on the last day of that period. In order for the contract to be effective, to amend or extend it, approval by the District Office shall be required; approval of the contract may not be refused if the contract complies with this law and other generally binding legislation.
(2) A Czechoslovak natural or Czechoslovak legal person or association of such legal persons may only hire one hunt, with the exception of the field and individual pheasants. Exceptions may be authorised by the district office in special cases. The lease or part thereof shall be prohibited. ';
20. Paragraph 16 (3) shall be deleted.
21. In Paragraph 16, in paragraph 4, which is renumbered paragraph 3, the introductory phrase is: "The contract for the lease of the horse chase shall cease '.
22. In Article 16, paragraph 4 (c), the words "the disappearance of a hunting ring 'are replaced by the words" the death or death of a wanker';
23.
(1) If the right of hunting in a chase, which is leased to another owner, is taken over by that owner, that owner enters the hunting contract into the place of the previous owner; This applies mutatis mutandis to claims for compensation under § 6 (5), § 6a (2), § 7 (1), § 8 (1) and § 18 (1) and (2).
(2) Changes to chartered hunts may be made only after the termination of the lease contract. "
24. In Paragraph 18 (1), the following is inserted after the words "nature conservation ':
"6) Act ČNR No. 114 / 1992 Coll., on the conservation of nature and landscape."
25. in Paragraph 18 (1), the words "state organisation" are replaced by the words "Czechoslovak legal person" and, at the end of the paragraph, the following sentence is added: "The amount and method of payment shall be laid down by the Ministry of Finance of the Czech Republic by a generally binding law."
26. in Paragraph 18 (2), the word "intense" is deleted and the last sentence is replaced by the following sentences: "Paragraph 17 (2) remains unaffected. The owners of the land thus assigned shall be compensated. The provision of this refund shall be subject to the provisions laid down in Paragraph 8 (1). '
27. in Article 19 (1), the words "(a) productive game" and "(b) harmful game" shall be deleted, the species of game referred to in the previous subdivision being newly classified under the new point "(a) hairy game" and "(b) feathered game."
28. In Paragraph 19 (2), the words "and after consulting the Czechoslovak Hunting Union" are deleted.
29. In Paragraph 19 (3), the words "in cooperation with the Czechoslovak Hunting Union" and "after consulting the Czechoslovak Hunting Union" are deleted.
30. In Section 19, paragraphs 4 and 5 are added as follows:
"(4) Animal husbandry (in particular farmed game farming) is only possible with the agreement of the Ministry of Agriculture of the Czech Republic issued in agreement with the Ministry of the Environment of the Czech Republic.
(5) In the fields and pheasants it is possible, with the approval of the Ministry of Agriculture of the Czech Republic and the Ministry of the Environment of the Czech Republic, to manage animals that are not animals by hunting. "
31. in Article 20 (1), the words' harmful game and 'shall be deleted.
32. in Article 21 (1) (c):
"(c) to kill poaching cats wandering around in a chase more than 200 m from the nearest permanently populated house,"
33.In Article 21 (1) (d):
"(d) to kill animals of harmful hunting (poaching dogs and cats)."
34. in Paragraph 21 (2):
"(2) The authorisation referred to in paragraph 1 (b) to (d) may be passed on by the user to other persons holding a valid hunting ticket."
35. in Paragraph 22 (1), the words "local national committee" are replaced by the words "local authority."
36. In Paragraph 22 (2), the words "local national committee 'are replaced by the words" local authority'.
37. The following Section 22a is inserted after Section 22:
The damage to animals is the responsibility of anyone who has caused it by violating legal obligations. The user is entitled to compensation. Paragraph 35 et seq., shall apply mutatis mutandis. ';
38. In Paragraph 23 (1), the words "district national committee 'are replaced by the words" landowner'.
39. in Paragraph 23 (3), the words "local national committee" are replaced by the words "local authority."
40. In Article 24 (1), the part of the sentence "to the extent and species resulting from a national fishing plan (including catch) established by the Ministry of Agriculture, Forestry and Water shall be deleted."
41. in Article 24 (2), the words "where appropriate, the administration of the national park (6)" shall be inserted after the words "the district office."
42. In § 24 (3), the words "after consulting the Czechoslovak Hunting Union" are deleted.
43. In Section 26, the words "and after consulting the Czechoslovak Hunting Union" are deleted.
44. In § 28, the words "after consulting the Czechoslovak Hunting Union 'are deleted and the words" generally binding legislation' are added at the end of the second sentence.
45. In Paragraph 29 (1), the words "after consulting the Czechoslovak Hunting Union" are deleted.
46. In Paragraph 29 (4), the words "after consulting the Czechoslovak Hunting Union" are deleted.
47. In Article 29 (5), the words "as proposed by the Czechoslovak Hunting Association 'are deleted and the words" owners' and 'users' are replaced by the words "tenants' 7) are inserted after the words" at their request '.
48. the sentence behind the semicolon shall be deleted in Paragraph 30 (1) (a).
49. in Article 30 (1) (d), the words "and of the foxes of the species" shall be inserted after the words "and of the foxes of the species"; the words "grouse, teal and husk" shall be deleted.
50. in Article 30 (1) (f):
"(f) to catch animals in the eye, on the better and in irons that do not kill the animals immediately,"
51. In Paragraph 30 (2), the words "after consulting the Czechoslovak Hunting Union" are deleted.
52. In Paragraph 31 (1), the words "who exercises the right of hunting 'are deleted and replaced by the words" who hunts animals' and the word "hunting 'is deleted.
53. In Paragraph 31 (2), the last sentence shall be deleted.
54. In Paragraph 31 (3), the second sentence reads: "Strangers and Czechoslovak citizens who do not reside permanently in the Czech and Slovak Federal Republic are issued a hunting ticket by the district office in whose district they are staying."
55. In Paragraph 31, the following paragraph 5 is added:
"(5) The hunting ticket may be issued only to those who prove that they have passed hunting tests or who is a listener or graduate of a professional school on which hunters are raised. '
56. In Paragraph 31, paragraph 5 is renumbered paragraph 6, in which the words "on the performance of hunting tests' and the words" on the interior 'and "finance' are added after the words" the Czech Republic '.
57. In Paragraph 33, paragraphs 1 and 2 are deleted.
58. Paragraph 33 (3) and (4) are renumbered paragraphs 1 and 2.
59. In Paragraph 34 (1) (b), the word "productive" is replaced by the words "for which a fishing period is fixed," in the last sentence, the word "hunting" is deleted and the word "association" is added "(Paragraph 14 (1))."
60. In Paragraph 34 (2), the word "utility" shall be deleted.
61. In Paragraph 34 (3):
"(3) Damage caused by animals whose numbers cannot be reduced by hunting shall be borne by the State. Details are provided by the Ministry of Finance of the Czech Republic, the Ministry of Agriculture of the Czech Republic and the Ministry of the Environment of the Czech Republic by a generally binding legislation."
62. In Article 34 (4), the words "the user of the property 'are replaced by the words" the owner or, as the case may be, the tenant of the property' and the words "does not restrict the use of the land 'are replaced by the words" and the right to property'.
63. Paragraph 35 (1) reads as follows:
"(1) Damaged and wanton users are to agree on compensation (§ 34). If it is not assessed, the obligation to make good the damage shall be decided by at least three members of the arbitration panel; in the event of a tie, the chairman's vote shall be taken. The Permanent Members of the Arbitration Committee and their alternates shall be appointed and removed by the Head of the District Office. The District Office shall issue proof of their appointment or, where appropriate, of appeal. An ad hoc panel member shall be a representative of the local authority in whose district the damage has arisen. The Chair of the Arbitration Committee shall be a representative of the District Office. The appointment and withdrawal of members of the arbitration panel and their alternates shall be notified by the district office to the local authorities. ';
64.In Paragraph 38 (1):
"(1) The Ministry of Agriculture of the Czech Republic is responsible for the central management of hunting in the Czech Republic; cooperate with authorised representatives of hunting and other interested organisations. In the counties, hunting is managed by the county authorities; in so doing, cooperate with authorised representatives of owners and tenants of hunting and hunting organisations. ';
65.In Paragraph 38 (2):
"(2) The competence of the county authorities in hunting matters in the territory of national parks is exercised by the administration of national parks."
66. in Paragraph 38 (4):
"(4) The Ministry of Agriculture of the Czech Republic may entrust some of the hunting organizations, or other Czechoslovak, physical or Czechoslovak legal persons with selected tasks in the hunting sector, e.g. in the area of hunting education and teaching, cynology, shooting, if they meet the conditions for proper performance of these tasks."
67. the following Section 38a is inserted after Section 38:
(1) The County Office shall impose a fine of up to 100 000 Kns
(a) the user of a chase which, by his or her fault, both by activity and inactivity, causes the game to be exceeded or not to be observed;
(b) a user of a chase who intentionally provides false information on the numbers and species of game used by him;
(c) those who intentionally, without prior authorisation or negligence, cause animals and animals obtained by crossing between species and subspecies of animals and between animals and related species of domestic animals to be released or escaped into the game;
(d) to those who do not provide adequate protection for the game;
(e) to those who violate the regulations on hunting and using hunting dogs;
(f) to anyone who hires more wanking or hires wanking.
(2) The fine referred to in paragraph 1 may also be imposed repeatedly.
(3) The proceedings for the imposition of a fine may be initiated only within one year from the date on which the district office became aware of the infringement referred to in paragraph 1, but no later than three years from the date on which the infringement occurred.
(4) The fine is the income of the state budget of the Czech Republic. "
68. Paragraph 39 to 42 shall be deleted.
669. in Paragraph 44a (1), "31 December 1993" is replaced by "31 March 1993."
70. The following Sections 44b, 44c, 44d, 44e, 44f and 44g are inserted after Section 44:
(1) By 31 December 1992, owners of hunting grounds shall notify the competent district authority of the premises and the partition numbers of those parcels, or any other information relating to those parcels, and provide evidence of their ownership rights with relevant documents. 8) If he lodges land for hunting purposes which fulfil the conditions laid down in this Law for the recognition of hunting, he shall at the same time apply for their recognition as hunting; in other cases, propose a new suitable arrangement.
(2) The notice of hunting land whose owner is not yet known shall be submitted by the current user to the district office.
(3) On the basis of the notifications submitted, the applications submitted and subject to compliance with the conditions laid down in this Law, the district authorities shall decide, with effect from 1 April 1993, on the recognition of honitebes in their territory under this Law.
(1) The Myslivek associations established under the existing regulations (Section 4 of the Act) will adapt their statutes in accordance with the Act on the Association of Citizens and submit them to the Ministry of the Interior of the Czech Republic by 31 March 1993 at the latest. If they do not, they shall cease to exist.
(2) Until then, their activities are governed by the existing statutes. In the event that some members of the current hunting association do not agree with the new statutes, they will be adequately settled on the assets of the association, including its liabilities. In the absence of such an agreement, these claims may be invoked in court.
The Czechoslovak Hunting Association, or the Czech Hunting Union, established under the existing regulations (§ 3 of the Act), will present its statutes, in accordance with the Act on the Association of Citizens, to the Ministry of the Interior of the Czech Republic by 31 December 1992 at the latest.
(1) Members of an organisational unit which has become a member of a hunting club on the basis of a merger may, by way of a resolution of the majority of its collective, request the membership meeting of the hunting club by 31 August 1992 at the latest to agree to the allocation of members, assets and activities for the purpose of the creation of a new team. 4)
(2) If, within 60 days of receipt of the request referred to in paragraph 1, the members of such an organisational unit have not given their consent to the allocation referred to in paragraph 1, the members of such an organisational unit may decide to allocate themselves, by a resolution of an absolute majority of their members.
(3) A protocol must be drawn up on the dissolution, which, in addition to the information on members, contains in particular information on the dislocation of assets, rights and obligations, the protocol must be approved by the Committee of the Hunting Association and by an absolute majority of members of the dedicated organisational unit. If no agreement on the content of the Protocol is reached, a declaration of that fact shall be attached to the application for registration of the statutes.
(4) Property disputes arising in connection with the allocation are settled by the court.
The pheasants whose establishment has been authorised under the current rules may remain in place provided that their borders are within or are covered by newly recognised hunting. Paragraph 6a (2), (3) and (4) shall apply mutatis mutandis.
Changes to recognised hunts may be made after five years of the first hunting season if ownership of the land has changed. '
71. If the name "District National Committee 'is used in this Act, this means" District Office'.
Where the name "public security authority 'or" public security' is used in this Act, this means "police '.
If the name "Ministry of Agriculture, Forestry and Water Management 'is used in this Act, this means" Ministry of Agriculture of the Czech Republic'.
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Regulation Information
| Citation | Act of the Czech National Council No. 270 / 1992 Coll., amending and supplementing Act No. 23 / 1962 Coll., on hunting, as amended by the Act of the Czech National Council No. 146 / 1971 Coll., the Act of the Czech National Council No. 96 / 1977 Coll. and the Act of the Czech National Council No. 143 / 1991 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 01.06.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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