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Leavittator
climber
san diego, ca.
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Topic Author's Original Post - Jan 7, 2007 - 12:36pm PT
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Dear Fellow Climbers and Outdoor Enthusiasts,
7 January 2007
A forthcoming U.S. Forest Service decision in San Diego County will set precedent that likely will influence all other similar climbing and recreation areas in the U.S. in the near future. The proposals and maps can be found here: http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/index.shtml
Specifically, the area known as Corte Madera (a multi-pitch moderate climbing area in the San Diego backcountry) will be seasonally closed due to a policy partly based on the Migratory Bird Treaty Act of 1918 (MBTA). Because of the south facing nature of this crag, a seasonal closure of the entire crag system is effectively a year round closure as the climbing season is during the closure period (Dec 1-May 30).
Rock climbing is so awesome because we can experience the great outdoors in such a connected and integral way. As a group, I know we strive to co-exist with our natural surroundings. This proposed closure is over-reaching and scares the heck out of me because it could lead to any crag being closed due to the presence of common birds, like the swallow or hummingbird. For example, if El Capitan were located in a national forest, the entire crag could be closed due to a common bird nesting OR the presence of an eagle nest that hasn’t been used for 15 years OR “other cliff-nesting species” that haven’t specifically been identified. Further, this proposed half mile radius closure could be applied to “alternate nest sites”, not just active nest sites. What exactly are alternate nest sites? Could they be ledges or large cracks?
There are a few facts worth noting that should be considered in this case, as well as similar cases. A national forest is not a national park, monument, or wilderness area. Management decisions need to be made to comply with federal law and for the public good (http://www.fs.fed.us/aboutus/mission.shtml);. Recreation is a valid use of the national forest. Americans are getting fatter and more physically unfit. The national forest is an area where recreation is promoted. Closing the areas to the general public for a bird (such as the Prairie Falcon) that is not endangered (http://www.dfg.ca.gov/whdab/pdfs/TEAnimals.pdf);, not threatened, and has no special U.S. Forest Service protection or status (http://www.fs.fed.us/r5/projects/sensitive-species/sensitive-animals.pdf);, is not right. If a species needs special protection, the standard 330 feet as applied to Golden Eagles (active nests) should be applied, not the 1 mile diameter idea as promoted in this situation. Furthermore, the MBTA, which is cited for this policy, is an act that applies to commerce, not passive recreation (http://www.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16_10_7_20_II.html);. Linking all of these issues is a dangerous precedent and one that will undoubtedly lead to future conflicts with user groups in national forest areas. It is interesting to note that if the ½ mile radius (1 mile diameter) around the Corte Madera climbing area were correctly applied, it would inconveniently include the popular Espinosa off-road trail. I suspect the center of the ½ mile radius was moved so as not to include the Espinosa Trail. If the ½ mile radius was correctly placed in the center of the historical nesting sites, the Espinosa Trail would be closed as well. Maybe the public heat would be too much in that case? My point is that ½ mile radius is pretty darn big and onerous. Now you can see how all of a crag like El Cap could be closed due to one nest of a non-threatened species.
I do want to protect birds that need protection. I also believe that reasonable closures as already established elsewhere are appropriate. This new proposal is over-reaching and unwarranted. It is not just climbers that will be affected, but all recreational users. Please be active in your letter writing, donations and involvement. I am especially calling on all of the prominent climbers who spend so much time here on the internet to use your considerable influence to save our climbing areas. A lot is at stake because someday, we’ll look back at “the good old days” when most crags weren’t closed.
Best Wishes,
Randy Leavitt
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paganmonkeyboy
Trad climber
the blighted lands of hatu
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wow.
excellent post Randy. thanks.
edit to add :
I don't see a feedback link on that FS website - is the proposal closed to comment already ? I'm guessing it is ?
tom
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T-REX
climber
san diego, ca
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Randy Vogel (jeff brown here),
Please explain what you mean by, "No emails are being allowed, so print out a hard copy, put a stamp on it and send it off". The linked proposals on the Forest Service web-site still state that e-mails are acceptable.
Update: Kirsten Winter confirmed that the Forest Service is still accepting e-mails and that their system can handle as many responses as we throw at em...though I still say a well developed hard-copy letter in one's own words is a better way to respond...though I can't confirm it, I just feel a real letter that arrives on the Forest Service' doorstep carries more weight!
Thanks,
jeff
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Leavittator
climber
san diego, ca.
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Topic Author's Reply - Jan 7, 2007 - 01:49pm PT
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If you feel so inclined, please copy the link to this Supertopo post and e-mail it to your friends. It is an easy way to spread the word. By the way, this isn't a personal campaign to save an area I frequent. I've only been to Corte Madera once (a wonderful area for those of us in San Diego). I am weigning in on this issue because it will be coming to a cliff near you.
Cheers,
Randy
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paganmonkeyboy
Trad climber
the blighted lands of hatu
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bumpin...
i too ignored the 'access issue san diego' thread - shame on me ! this could set a huge precedent...
a hand written letter will be off to the FS in the morning...
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furbucket
Sport climber
Las Vegas, NV
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Protection of raptors and other bird species is important. However, the Forest Service is just taking the easy way out by ordering arbitrary seasonal closures. Golden eagle, prairie falcon, and other cliff nesting species are not at the brink of extirpation or extinction, either in San Diego County or nationwide. The Forest Service needs to take the time to do the proper analysis and determine where these species are actually nesting, and then implement seasonal closures if necessary around active nest sites.
Here are some points that I don't think have been made yet:
1. Immediate action is not necessary. There is time to come up with a reasonable solution that will benefit all parties. The status of these species and the true causes of any declines, both in San Diego County and nationwide, should be considered. Golden eagles and prairie falcons are not listed under the Endangered Species Act. Prairie falcons have a stable population with San Diego County and are considered a species of least concern by the International Union for the Conservation of Nature and Natural Resources because of their wide habitat range and over 5,000 pairs nationwide. The golden eagle is declining in San Diego County, but is increasing elsewhere. The decline in San Diego County is attributed to factors other than recreation, such as development of habitat and urban sprawl. The golden eagle has a wide range throughout North America. The status of these species should be taken into account when considering the drastic measure of closure. These species are not on the brink of extinction, not even close, and actions that would allow for recreational activity should be considered. Banning all recreational activities for a species that may or may not be nesting within the recreational area and is not on the brink of extinction is completely unnecessary.
2. The Forest Service’s own plan requires conservation education before closures. Part 3, Appendix D of the 2005 Cleveland National Forest Land Management Plan requires that Conservation Education be implemented before any Perimeter Control unless immediate measures are needed. These species are not at the brink of extinction and do not require an immediate seasonal closure. In fact, there is no proof that there is a conflict between golden eagles, prairie falcons, and other cliff-nesting species at these locations. The Forest Service should adhere to their management plan and implement Conservation Education along with any needed monitoring and studies before resorting to Perimeter Control measures such as seasonal closures.
3. Migratory birds are not protected by law from mere disturbance under the Migratory Bird Treaty Act. The Migratory Bird Treaty Act specifically protects migratory birds and nests from possession, sale, purchase, barter, transport, import, export, and take. Take is defined as means to pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempts to pursue, hunt, shoot, wound, kill, trap, capture, or collect (50 CFR 10.12). Recreational uses, such as hiking and rock climbing, would not result in any of these activities. Recreational uses have a remote possibility of disturbing migratory birds during their nesting period, however, the Migratory Bird Treaty Act does not consider disturbance to be take and, therefore, the Migratory Bird Treaty Act does not provide the legal authority for this closure. The Forest Service should examine mining, logging, grazing and other high impact uses that could actually result in take under the Migratory Bird Treaty Act.
4. The only species protected by law from disturbance is the golden eagle. The Bald and Golden Eagle Protection Act (BGEPA) does include “disturb” within its definition of take. This definition of take would only apply to bald and golden eagles, not to other raptor species such as prairie falcon. It is also important to note that U.S. Fish and Wildlife Service (FWS) has not defined “disturb” and recently released a draft environmental assessment to define “disturb” under the BGEPA. Currently, the preferred alternative is to define disturb to require both an effect to individual eagles and a biological impact, such as nest abandonment. FWS may also define disturb to require an action directed at one or more eagles that results in death or injury of the eagles. It is unlikely that recreational activities, including rock climbing, will meet either definition of disturb as proposed by the FWS. Keep in mind these are large recreational areas. What are the odds of coming across a nest during a hike or climb?
5. There are no studies out there that demonstrate that climbing is causing the decline of raptor species. The decline in raptor numbers can be attributed to development of habitat and increased urban sprawl, not recreational activities. In particular, golden eagles are electrocuted by power lines, caught in hunting traps, and poisoned by private landowners. Although it has been shown that golden eagles may abandon nests if they are disturbed, closing down entire areas because golden eagles, prairie falcons or other raptors may nest there is too drastic and goes against the priority goal of the Forest Service to “provide high-quality outdoor recreational opportunities on forests and grasslands, while sustaining natural resources, to help meet the nation’s recreation demands.”
6. A reasonable buffer around active nest sites would protect species and allow recreation to continue. Monitoring should be conducted as proposed in the December 11, 2006 scoping letter and closures implemented as necessary for specific nest sites. There is no reason to close an entire area for nesting activity that may or may not occur. If nests are observed, a reasonable 330-foot buffer should be enforced. One-half mile is an impractical and unnecessary buffer. The 330-foot buffer requirement has been implemented for golden eagle in the past and is proposed for bald eagle as part of the Draft National Bald Eagle Management Guidelines. A 330-foot buffer around an observed nest would not significantly curtail recreation activities while still providing adequate protection for raptor species to rear their eggs and fledge their young.
7. If the closure proposal goes forward, an environmental document needs to be prepared! As proposed, this closure would go beyond short-term resource protection and should not be considered a routine administrative action, as stated in the December 11, 2006 scoping letter. There is no indication that this closure will be short-term in either the scoping letter dated December 11, 2006 or the Schedule of Proposed Actions posted January 2, 2007. A categorical exemption would not be appropriate for a long-term, seasonal closure of this magnitude. Closure of these large recreational areas would indeed have a significant effect on the quality of the human environment, diminishing the quality of life for people who use these recreational areas. The closure also directly conflicts with the mission and requirements of the Forest Service. We need an opportunity to comment on at least an environmental assessment that would give us the reasoning behind such a closure and allow recreational users the opportunity to propose a compromise.
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Leavittator
climber
san diego, ca.
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Topic Author's Reply - Jan 8, 2007 - 11:20pm PT
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Furbucket,
Those are excellent points and I believe the FS know those facts. It is worth noting that Glenn and I met a forest service representative at the trailhead at El Cajon Mountain. While I would not say "he is on our side", I would say he is sympathetic to outdoor recreation uses, as well as the birds. My overall impression of him was very positive. I believe he is the sort of man who would be willing to try to work things out so the birds (that need protecting) are protected and user groups are accommodated as well. He really gets the idea that the national forest is a valuable resource for recreation. Warbler, thanks for your two cents as well. This is really an issue that everyone needs to embrace. Keep posting. Write letters. Spread the word...
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WBraun
climber
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Well lem me tell ya. Those birds ain't scared until your twenty feet away from em. Then they get pissed and attack you.
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john hansen
climber
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It's funny that fourty years ago when there wern't many eagles left, they put these protections in place. Now there is no more DDT and the eagles are doing very well. One of the reason's all the racoons, possums, and beavers are doing so well is that no one ever shoots them any more(exept Piton Ron). There used to be traps and sh#t, and almost any human you saw was trying to kill you for your meat or your fur.
Of course our goverment is thirty years behind (as usual).
I say just let those big ole eagles take care of themselves. They will let you know if you get too close.
It would never happen but what if an eagle made a nest on El Cap Tower?
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WBraun
climber
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"........what if an eagle made a nest on El Cap Tower?"
It can't make a nest there, it's forbidden!
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T-REX
climber
san diego, ca
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Hey folks,
Just wanted to commend those of you paying attention and doing your "civic" duty! ;)
Beyond that, just heard from the Access Fund that they now expect to post-up via their "Enews" which is scheduled to come out on January 12th (this Friday).
If your not on their Enews, no worries, I'll be posting their info. here just as soon as I get it.
Thanks again...keep up the good fight!
Jeff
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Josh Higgins
Trad climber
San Diego
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I'm writing my letters! Please everyone do the same!
Josh
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T-REX
climber
san diego, ca
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Jan 10, 2007 - 05:49pm PT
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Update: Kirsten Winter confirmed that the Forest Service is still accepting e-mails and that their system can handle as many responses as we throw at em...though I still say a well developed hard-copy letter in one's own words is a better way to respond...though I can't confirm it, I just feel a real letter that arrives on the Forest Service' doorstep carries more weight!
jeff
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Michael D
Big Wall climber
Napoli, Italy
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Jan 12, 2007 - 09:17am PT
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We're still in Napoli for a couple years, but plan on returning to San Diego. Corte Madera is a splendid area to climb, remote enough to be an adventure, close enough to get a breadbasket in Alpine. I'll have our Club write letters, as this has very far reaching effects.
Here in central Italy, a climbers/land owners/managers agreement is still maintained by handshake. The local guides are responsible for informing and policing the area closures. these closures are what seems best for all parties, a vertical corridor from 'route-x to route-y' is closed for the reasonable nesting season. It works excellent, with respect for all.
Ciao, Michael
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Josh Higgins
Trad climber
San Diego
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Jan 12, 2007 - 10:48am PT
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Michael, thanks for posting up. That's awesome you're getting your climbing club in Italy to write in! Let them know that if they're ever in SD I'll take em climbing to the area they will try to save.
It's amazing that National Forest closures to great climbing areas for BS reasons are potentially pending and a retarded thread on Pete Rose and McGwire getting into the BB hall of fame has more responses than this one.
Come on climbers, get your damn priorities straight! Write your letter and post up if you do!
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ladysmith
climber
san diego, ca
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Jan 12, 2007 - 03:02pm PT
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Bump
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Leavittator
climber
san diego, ca.
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Topic Author's Reply - Jan 16, 2007 - 06:23pm PT
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access bump before surf
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Shano
Social climber
Pacific Beach, CA
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Jan 19, 2007 - 12:05pm PT
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Crag closures
Mission Gorge Quarry - closed for reintroduction of plant species
El Cajon Mountain Slabs - threatened with bird closure
Williamson - frog closure
Corte Madera - bird closure during viable climbing season
Eagle Peak - threatened with bird closure
Stonewall Peak - no new bolted route development
Mission Gorge - no new bolted route development
El Cap Wall - damn good climbing but crazed urban nutjob is chopping the best routes.
It's starting to seem like everywhere I want to climb I'm getting shut down.
Developers have been given free reign to bulldoze vernal pools, forests, coastal bluffs, beachs, bays. Condos, townhomes, McMansions, vast stretches of housing tracts (Rancho Cucamonga!)
They flatten innumerable critters under the concrete and asphalt. The few that survive are forced to relocate to areas as far away as they can safely escape. Many use high and remote areas to escape those that might crush, kill, bend, fold and mutilate them.
Now when I want to get outside to a wild and beautiful place to escape the crowds, I'm restricted!
NO OFF TRAIL HIKING
DO NOT PICK UP DEAD VEGETATION FOR FIREWOOD
PARK ONLY IN DESIGNATED AREAS
ADVENTURE PASS REQUIRED (yeah right!)
DAY USE ONLY
What’s the message here? Maybe it would be easier to just conform Go to LA Fitness if you need exercise. Run on the treadmill (“Maximum 15 minutes if people are waiting in line to use the equipment.”) Take a Spin Class. Maybe chase that with a session in the tanning booth.
But I don't want to. What have I done about it?
· Gave a days pay to the Access Fund
· Wrote to Cleveland National Forest Service to voice my concerns questioning the validity and necessity of closures in proposed areas.
· Show up for Adopt-A-Crag events in my area.
· Participate in never ending trail and route maintenence.
· Purchase and re-install stolen hardware from my local crags (this is getting to be more than chump change.)
· Call in sick to work and GO CLIMBING!
What are you going to do?
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ladysmith
climber
san diego, ca
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Jan 23, 2007 - 03:08pm PT
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hey shano..
I totally agree.. I would like to add to your list of closures...
Deerhorn - Closed- private property
Poway Crags - Closed- Eagle nesting
Magnolia Boulders - Closed - private property
Otay - Closed - private property
also, mission gorge quarry was not closed due to sensitive wildlife or plants. Our AF reginal coordinator negotiated a closure with the City of San Diego Park and Recreation Department in order to preserve the beloved "main" mission gorge climbing area. It had nothing to do with sensitive species and all to do with closed door politics, none of which the general climbing community had any idea about.
If we do not fight for our freedoms and rights they will be taken away from us.....
-k
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Klimmer
Mountain climber
San Diego
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Jan 24, 2007 - 05:56pm PT
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Kick for more exposure, and to write those letters.
Klimmer
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Toker Villain
Big Wall climber
Toquerville, Utah
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Jan 24, 2007 - 07:31pm PT
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John Hansen,
with the exception of the racoonskin lining on my harness I've really given up on most small game, though I'll still go after beaver.
But lets call a spade a spade. I really AM all for the preservation of endangered species, even over climbing, but managers have seized upon the issue as a smoke screen in order to maintain a sense of,...well,...MANAGING, which to their minds necessitates some form of control.
Attempting to form partnerships with the climbing community is too much bother and blanket bans are the path of least resistance.
As long as we allow it to be...
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Mimi
climber
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Jan 24, 2007 - 10:57pm PT
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Exactly! Where's the outrage! All of us are sensitive to wildlife concerns but the agencies are simply being lazy.
Writing letters works. Take the time to do it. And that goes for all of the other causes you care about. Apathy and feeling helpless against the machine will be our downfall. Totally preventable if enough people take the time and take action.
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crotch
climber
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Jan 25, 2007 - 04:19am PT
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Bump again.
For those of you who are about to write letters, or have already written letters, consider printing out one more copy and mailing it to your local congressional representative. I know that Congresswoman Susan Davis' office is aware of the proposed closures and given the recent press in the local papers, they will be keeping count of how many letters they get from each side. Let's have these elected folks on OUR side.
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Shano
Social climber
Pacific Beach, CA
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Jan 25, 2007 - 11:44am PT
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ladysmith -k- thanks for the clarification. I was not aware of that.
crotch - good point w/ the Davis office. Thx for the heads-up.
I'm on it.
-s
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T-REX
climber
san diego, ca
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Jan 28, 2007 - 01:13pm PT
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WE ONLY HAVE THREE DAYS LEFT.
Whether you've sent your letters or not, you owe it to yourselves to read this . . . then pass it on to everyone!
(side-note to climbers: get with the program folks...this is not about local turf squabbles or just about climbing, and though it will close crags, IT IS MUCH BIGGER THAN THAT).
Included within the text are a number of specific links that are very pertinent. For those of you interested in additional legal questions as to the Forest Service' statements that these birds are listed as a species of special concern, check out the info. in my post-script, and blend it with the sample letters provided previously by "furbucket".
The Forest Service now appears to be engaging in a deceptive public relations campaign to promote their unnecessary seasonal bird closure proposals under the guise of "needed protections."
The Cleveland National Forest (CNF) proposals to enact sanctioned regulatory closures for "protection" of raptors from December 1st to May 30th of every year at Corte Madera Mountain, El Cajon Mountain, Eagle Peak, and Rock Mountain are not necessary. Concerned citizens should review the proposals (attached at bottom), comparing them with the Forest Service' press release in the Union Tribune and the The North County Times, and their most recent post on their web-site of 1/10/07 . . . and then READ BETWEEN THE LINES.
Something here is not right!
One example is in their most recent web-site post in which they only mention these closures being implemented for "[the protections of] Golden Eagles and Prairie Falcons." The actual proposals are exceedingly broad and state "as well as other cliff-nesting species". Unless challenged, these proposals will ban ALL human activity within 2,640 feet in all directions of any current or future golden eagles' or prairie falcons' nests, and potentially any "other cliff-nesting species" nest, even though these "other" species types are not explicitly identified. These measures are partly based on the Migratory Bird Treaty Act (created in 1918 to stop the "indiscriminate slaughter" of migratory birds by market hunters and others) which includes over 800 birds, some as common as the swallow & hummingbird. That's an awful lot of "other cliff-nesting species" . That the Forest Service automatically feels they have the legal authority to invoke the MBTA, an act that applies specifically to commerce, to restrict recreational activities is just one example of the problems with the Forest Service' proposals . . . there are many more!
Union Tribune:
http://www.signonsandiego.com/uniontrib/20070123/news_1n23forest.html
North County Times:
http://www.nctimes.com/articles/2007/01/22/news/inland/12107193014.txt
Forest Service' recent web-site post:
http://www.fs.fed.us/r5/cleveland/news/2007/01/seasonal-closure.shtml
Popular local hiking trails in Jerry Schad's "Afoot and Afield In San Diego County" which will be closed (even though the Forest Service states, "No official trails or roads are within the proposed closure areas. The proposed closure areas are cliff areas and rock outcroppings in the vicinity of recently used and alternate nest sites."):
Corte Madera Mountain (more than just a climbing area):
http://www.sdreader.com/php/roamshow.php?id=20051117
Three Sisters Falls:
http://www.sdreader.com/php/roamshow.php?id=19980702
Other areas affected (sorry no links): El Cap on El Cajon Mountain, and Rock Mountain to the North East of El Cajon Mountain, closing access to many trails and fabulous vistas, including the planned Trans-County Trail, aka Sea-to-Sea Trail which eventually heads East across the San Diego River near Cedar Creek Falls.
Let me explain. Launched on 12/11/06 for a public comment period (scoping process), with a deadline of 1/12/07, these measures were not originally posted on their web-site for the public to see. Only after considerable pressure, did the CNF lengthen the comment period to 1/31/07, and place the proposals on their web-site. And now, in response to negative opposition to these proposals, they seem to be engaged in a public relations battle to seek public approval, even though they didn't at first actively seek the public's opinion.
Neither the latest CNF post of 1/10/07 or their latest press releases openly tell us that these proposals will extend closures to 2,640 feet in all directions from a single nest site, well beyond the already effectively established 330 foot buffer zones for Golden Eagles. It is this measure that will close the popular hiking trails illustrated above, even though the CNF would have us believe no hiking trails will be affected with their statement of not affecting "official" trails. How is this possible? Because of what they also leave out of their public comments. That is, it is the public's right to hike in their National Forest either on a trail or off, UNLESS officially posted otherwise. And the fact is, most of the wonderful trails you've probably been on in San Diego county within your National Forest, though dating back decades in some cases, are simply not "official" trails.
Factually -- As mentioned, if these closures are enacted the very popular hiking trail to the top of Corte Madera Mountain which is identified in Jerry Schad's "Afoot and Afield in San Diego County" hiking guide, even though it is not an "official" trail, WILL BE CLOSED from December 1st to May 30th of every year, and even though this is unnecessary!
http://www.sdreader.com/php/roamshow.php?id=20051117
Factually -- The Eagle Peak closure is approximately two miles long, one mile wide, and encompasses over 1000 acres, including the Three Sisters Waterfalls, another popular area from "Afoot and Afield", and one of the two most popular hikes on twenty miles of Boulder Creek Road, even though this too is an unofficial trail. Two miles of Boulder Creek below the falls are also included in the closure. Additionally, a mile long stretch of Boulder Creek above the falls would then also be closed because of lack of access from upstream due to private property.
http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/closureeagle.pdf
Additionally, as is the case with Corte Madera Mountain (illustrated next), in looking at the maps for Eagle Peak, something is not right! The northern boundary on the map appears to be drawn to avoid including the trail to Eagle Peak proper, yet this boundary line is less than 600 feet from the top and is clearly within the guidelines for the closure which calls for 2,640 feet in all directions from nest sites, making this boundary in conflict with the proposal's standard and therefore arbitrary.
In Corte Madera Mountain's case, if the Forest Service were to have correctly placed their circle-of-closure on the Corte Madera map per a known Falcon nest site (and presumed historical Eagles' Nests) it would clearly have encompassed the popular Espinosa "off-roader's" trail. We should all ask ourselves why this circle was moved back away from the off-roader's trail.
In reviewing the proposal maps in question, one will see the profoundly arbitrary nature of the boundary limits relative to the cliff face where the nests are located (note the densely stacked topo lines on the map which represents the cliff face, and that the Espinosa off-road trail is to the South, below the cliff face):
http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/closurecorte.pdf
It seems difficult to conclude that restricting an area to passive uses like climbing and hiking in a stated effort to "protect" nesting birds while allowing the frequent weekend off-road activity by noisy un-mufflered ATV's and dirt-bikes to continue unabated within the actual distance of the defined boundary limits in the proposal to be anything other than . . . MISGUIDED AND WRONG!
According to Joan Wynn, spokesperson for CNF, the Golden Eagle's population in San Diego County has plummeted over the last 100 years from an estimated 108 pairs to 53 pairs, and the Prairie Falcon's population is at 20 to 30 pairs, making it one of the county's scarcest birds. But these claims too are very misleading.
These remarks would have us believe the birds are in danger of extirpation, drastic measures being necessary. This is not the case. That the Prairie Falcon population is small in San Diego County is very normal for our area because San Diego is at the Southern fringe of the Prairie Falcon's range. The falcon populations in our region have always been low. The proposals themselves note the Prairie Falcon population within San Diego County to be quite stable. And though the Golden Eagle numbers are low, they too are not in danger. We have to remember that an entire century is a very long time. It would be nice to have more eagles, but it would also be nice to have the undeveloped acreage of 100 years ago as well. The point is, though low in numbers, neither of these birds is identified as being sensitive in the CNF by the USFS: http://www.fs.fed.us/r5/projects/sensitive-species/sensitive-animals.pdf
Decreased Golden Eagle populations have not been scientifically linked to recreation, including rock climbing. Population losses are, however, empirically linked to habitat loss due to development, logging, electrocution from landing on power lines, accidental poisoning from eating poison ladened rodents, and disease. What is disturbing, as it relates to the USFS's handling of the Golden Eagle's habitat, is that while they want to heavily regulate what little areas we have left in our National Forest to recreate in peaceful co-existence with wildlife and raptors, they routinely let loggers, miners, and developers remove eagle nesting habitat during non-nesting season, even if an eagle nest was used within this habitat during the very last nesting season. The USFS only requires that the operation wait until the eagle's young have fledged from the nest. Yet they want to close access to recreational use during the same nesting season, even if an eagles nest is not being actively used, year, after year, after year!
In a time when children are becoming less fit and unhealthy, and families are spending less quality time with each other in the real world of nature (due primarily to the commercial exploitation for corporate profits of everyone's already limited time in our busy modern world), we should implore the Forest Service to do the right thing and take these measures off the table. We need to be able to spend time by ourselves and with our families in "the great outdoors". We need to be able to engage our children in outdoor activities such as climbing and hiking, building healthier bodies and stronger bonds that are both familial, and interconnected with our natural world. This is the legacy our Forest Service should leave to future generations . . . the ability to engage in a real world experience with nature, not the alternative of increased usage of video games and reliance on "virtual" reality! What the Forest Service should be doing is working harder to fight off the loggers and developers, while actively promoting passive recreation use on forest lands per their own mandate & mission statement: http://www.fs.fed.us/aboutus/mission.shtml
Also of interest, in Corte Madera's case, is that though the Forest Service' post says they are only doing this for "recently used" nests, according to Dave Bittner (third reference in proposals), no Eagles' have even nested on this mountain in over fifteen years! According the proposals own data, "Utah Field Office Guidelines for Protection of Raptors from Human and Land Use Disturbances", Romin & Muck, the term active would only apply to nests that have been used at least once in the last seven years.
Furthermore, according to Pete Bloom, ecologist and raptor biologist with Bloom Biological, Inc., an independent raptor consulting firm with an extensive background in research work on Golden Eagle populations and habitat in Southern California, "if [the] eagles haven't nested in [the last] fifteen years, they are not coming back . . . period." Bloom attributes this to what he considers too significant a loss in the eagles support habitat, which, he said, most likely has to do with surrounding housing and other development. Bloom further says that though this sort of development may not be visibly adjacent to an eagles' nesting location, if a previously key foraging area even 10 to 30 miles away is removed or otherwise negatively impacted, the raptors simply move on to better hunting areas in response to that loss. Therefore, the extreme measure of closing this mountain in the hope that Golden Eagles will return . . . seems to be pure folly!
In the Union Tribune article Dave Bittner, Director of the Wildlife Research Institute is quoted as saying "It only takes one disturbance at the wrong time to ruin the entire nesting season," and he implies that this disturbance could come from climbers or hikers. Similarly, Phil Unitt, curator of the birds and mammals department at the San Diego Natural History Museum would have us believe, "One of the primary concerns is people rock climbing, which could bring them very near the nest sites. If people are climbing cliff faces and the birds fly away during that time, then the young could become chilled, vulnerable to other predators . . . or just not get fed enough." In the North County Times piece Tom Stephan of Ramona, acting president of the California Raptor Advancement Group, apparently counters the need to have closures for anything other than actual climbing, saying "People walking down below them at the base of cliffs aren't going to bother them." Though he echoes what the other Proponents in these articles want us to believe, "It's rock climbing that is 99 percent of the problem. They (the birds) demand seclusion. They demand isolation. And they can't get it if people are climbing around their nests."
Yet there really is no problem of climbers climbing into nests and causing unsuccessful nesting seasons and none of them offer a shred of factual evidence for these claims!
Contrary to what they would have the public believe, climbers are one of the most environmentally responsible groups who frequent the forest. They routinely volunteer for trail building and clean-ups on public lands, often footing the bill from their own pockets. And when it comes to actual climbing when the raptors are nesting, their code of ethic dictates that they do not knowingly climb into or too closely around active nests. Simply put, these claims of both climbers and hikers, as well as other rec-users being responsible for ruining successful nesting is often used in arguments by extremists when it is really only speculative conjecture!
All of these so-called "expert" claims appear to evaporate when one does a little digging. In lieu of what the following information suggests, this sort of thing really only applies to botched research and banning practices. When it comes to the general presence of humans and recreation, quite the contrary seems to be true. According to Raptors of Western North America, Wheeler 2003, falcons exhibit little fear of humans during nesting season. Indeed, Scott Weidensaul, The Raptor Almanac, 2000, states, "With Chicks in the nest, adults will sometimes tolerate an astonishing degree of disturbance, including humans climbing into the nest to ban the young. At times, people have moved entire nests out of harm's way without the adults deserting."
Furthermore, the danger to nesting Prairie Falcons that the Forest Service and so-called "experts" would have us believe occurs every time someone waltzes up to a crag, apparently only arises with ornithologist's and biologist's actions during research observations:
Anderson & Squires, "The Prairie Falcon" 1997 -- "If raptors are suddenly frightened and leave the nest site in a panic, they can inadvertently crush or puncture eggs or can eject eggs or young from the nest in their excitement. It is only natural for a person eager to observe a nesting raptor closely to approach the nest site very quietly. However, the raptor may not notice you until you are quite close; this causes the bird to burst out of the nest site, possibly destroying or catapulting the eggs or young. It is far better to let the bird know you are approaching the nest site by making noises, such as clapping, singing, and whistling, or to advance toward the nest in the line of sight. The noise should be slight at first, then become progressively louder when nearing the nest, until the adult leaves the eyrie. The bird then becomes aware of your presence before you are perceived to be an extreme threat."
So what actually seems to be the case is that, unless you are a stealth hiker or climber who quietly sneaks up to a cliff or rock face, never utters a word and engages only in hand signaling during your outdoor activities (never mind climbers with their clanging gear and essential verbal commands of on & off-belay), the likelihood of causing a "disturbance" so severe as to "ruin an entire nesting season" is . . . zilch! In fact, according to Wheeler, Raptors of Western North America, 2003, falcons are actually "quite tolerant of human disturbance during nesting and it is only intense, prolonged disturbance which forces adults to abandon nest sites."
I submit to you that, since large areas of OUR National Forests are already restricted from us by being routinely fenced off for mining, logging, and grazing, ANY discussions prior to a decision to move forward with access closure proposals which would further limit our use for recreation should ALWAYS include ALL recreation users. Furthermore, these types of decisions should draw on a broad base of CURRENT knowledge rather than outdated references, include recommendations from MULTIPLE experts OUTSIDE the Forest Service (certainly more than numerous closed door discussions with just the single subjective consultant voice of Dave Bittner -- see third ref. in proposals), should ALWAYS be done in an above-board manner, and should ALWAYS take great pains to consider the USFS mission statement:
http://www.fs.fed.us/aboutus/mission.shtml
If this had been the case (that the Forest Service included multiple rec-users, current data, and MULTIPLE independent objective expert opinions, etc.), I'm confident REASON would have prevailed, resulting in a responsible and respectful solution having been developed. Most likely, a decision reliant on precedent, established public lands management policy, and sound science [rather than extremism] would have been made. The outcome being proposals establishing seasonal closure buffers of 330 feet for active eagle nests and those that are in-active for up to seven years based on the Bald and Golden Eagle Protection Act [period...not fifteen years...nothing beyond seven]; posted site "advisories" to general recreation users to avoid active prairie falcon nests from the beginning of February to the end of June; and posted site "advisories" to climbers to refrain from climbing within 300 feet of active prairie falcon nests during the same period (as is the case at The Pinnacles for individually located prairie falcon nests; Gavin Emmons, Raptor Biologist & Jim Petterson, Wildlife Biologist, Pinnacles National Monument).
In closing, it is you, average joe-citizen who needs to decide how to respond to the Forest Service' Closure Proposals. READ THEM CAREFULLY and READ BETWEEN THE LINES . . . something is clearly a miss!
Corte Madera Mountain & El Cajon Mountain:
Proposal - http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/descanso.pdf
Map - http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/closurecorte.pdf
Rock Mountain & Eagle Peak:
Proposal - http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/palomar.pdf
Eagle Peak Map - http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/closureeagle.pdf
Rock Mountain Map - http://www.fs.fed.us/r5/cleveland/projects/projects/seasonal-closures/closurerock.pdf
Thank you!
joe-citizen (jeff brown)
p.s. Following are some specifics about the Species of Special Concern list that the Forest Service seems to feel they are justified in using when explaining their decision to move forward with these "protective" measures.
First off, the "Bird Species of Special Concern" list is a state-by-state list determination by individual state agencies and for California it can be found here: http://www.dfg.ca.gov/hcpb/species/ssc/sscbird/sscbird.shtml for the California Department of Fish and Game, which is under the Department Of The Interior, not the United States Department Of Agriculture (USDA), which is the federal agency responsible for administering to the National Forest. (side-not of additional importance: Fish and Game, National Parks, and the BLM come under The Department Of The Interior (DOI), the National Forest falls under the USDA).
The USDA Forest Service, Pacific Southwest Region, Sensitive Animal Species by Forest can be found here:
http://www.fs.fed.us/r5/projects/sensitive-species/sensitive-animals.pdf and lists only the San Diego Cactus Wren, Greater Sage Grouse, and Great Gray Owl as "Sensitive" within the Cleveland National Forest. Not the Golden Eagle or Prairie Falcon.
Nevertheless, since agencies do look to each other for guidance, a couple of key points from the "Species of Special Concern" list should be noted:
1) As stated by the Dept. of Fish and Game:
* -- "This list is intended for use as a management tool and for information; species of special concern have no special legal status."
[That is correct, "no special legal status". In the case of the Golden Eagle, legal protections relative to recreation are primarily provided due to specific interpretations of the word "take", afforded under the Golden Eagle Protection Act. Prairie Falcons get legal protections, only relative to commerce and out-right killing (as in shooting, etc.), under the MBTA -- see below for links to these acts: # 5 for MBTA, bottom for Golden Eagle Protection Act. Note that these proposals clearly state the Forest Service intends to create these closures, believing they have the ability to do so, under, "legal authority of the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, and in accordance with the direction provided in the Cleveland National Forest Land Management Plan (USDA Forest Service 2005)" -- see attached "Closure Comment Sample Letter" for arguments to the latter.]
* -- "The species of special concern list is divided into three categories: Highest, Second, and Third priorities. These categories are defined on the basis of the urgency of the situation. Species in the Highest Priority category face immediate extirpation of their entire California population or their California breeding population if current trends continue. In several cases, extirpation as breeding species has already occurred. Species in the Second Priority category are definitely on the decline in a large portion of their range in California, but their populations are still sufficiently substantial that danger is not immediate. Species in the Third Priority category are not in any present danger of extirpation and their populations within most of their range do not appear to be declining seriously; however, simply by virtue of their small populations in California, they are vulnerable to extirpation should a threat materialize."
[Recreation, be it hiking, climbing, mountain-bike riding, or horse-back riding is not a "materialized" threat.]
2) Important to note is that the California Gull http://www.dfg.ca.gov/hcpb/cgi-bin/more_info.asp?idKey=ssc_tespp&specy=birds&query=Larus%20californicus as well as the Black Swift (cliff swallow), and Coopers Hawk, among others, receives the same status on this list (third priority) as the Prairie Falcon and Golden Eagle because, "Species in the Third Priority category are not in any present danger of extirpation".
3) Also key is that though the Department Of Fish And Game does have a list they refer to as "Bird Species of Special Concern" (again, a management tool which provides "no special legal status" to any species on the list), it is VERY IMPORTANT TO NOTE that this same State Agency does not list the Golden Eagle or Prairie Falcon as either threatened or endangered. This determination is only given to those species which the Department Of Fish And Game feels "should have" legal status:
http://www.dfg.ca.gov/whdab/pdfs/TEAnimals.pdf
4) Simply put, The USDA's Cleveland National Forest is inappropriately utilizing the DOI's Department Of Fish And Game management tool of Bird Species of Special Concern to enact sanctioned regulatory closures under the guise of needed protections for bird species that do not need protections . . . period.
5) Lastly, should the Forest Service go down this road, I feel they will be on very rocky ground not only for misinterpreting their authority to use the MBTA for recreational restrictions when it is clearly an act that applies to commerce , but also due to their miss-use of the Bird Species of Special Concern list. Also, though not previously mentioned, if one "objectively" researches the Species Of Special Concern list, one will easily conclude that it is not scientifically well-founded and has numerous significant flaws. One very telling example of just such a flaw is the fact that though it lists the seagull, swift, falcon, etc., it DOES NOT INCLUDE the Peregrine Falcon species which is in far more peril, and actually was at one time listed on the "Endangered Species List", only recently becoming de-listed.
Bald and Golden Eagle Protection Act:
http://www4.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16_10_5A_20_II.html
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paganmonkeyboy
Trad climber
the blighted lands of hatu
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Jan 28, 2007 - 01:25pm PT
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stellar post T Rex !
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Josh Higgins
Trad climber
San Diego
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Jan 29, 2007 - 12:25pm PT
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If you haven't written a letter yet, remember that there are bird enthusiasts who are probably writing letters IN FAVOR of the closure! PLEASE do your part and write in!
Josh
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paganmonkeyboy
Trad climber
the blighted lands of hatu
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Jan 29, 2007 - 12:54pm PT
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Local KPBS television is airing a debate between TREX, the most informed local activist representing climbers, and the bird protection extremist spearheading the effort behind these unprecedented closures. It's on this Monday night on KPBS "Full Focus", 6:30 and 11:00 pm.
TREX -
My hat is off to you, my good sir...I wish you great success in presenting the case here.
Tom
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Largo
Sport climber
Venice, Ca
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Jan 31, 2007 - 03:42pm PT
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This is an important issue because if they take away the rocks we're buggered. Kindly take the time to respond to the authorities in anyway that you can. The information is provided in this link.
Sack it up and be heard. Once closures become a reality the domino effect can take out a lot more crags. If we wait till out own home crags are emperiled, we've waited too long.
JL
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paganmonkeyboy
Trad climber
the blighted lands of hatu
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Jan 31, 2007 - 03:47pm PT
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how did the debate go ? any indicators the FS was swayed by anything said ?
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Leavittator
climber
san diego, ca.
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Topic Author's Reply - Feb 1, 2007 - 12:38am PT
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I thought the debate went well. Jeff Brown presented a good case for the climbers and other outdoor users. The Forest Service will have to give careful consideration to these important issues.
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crotch
climber
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http://www.signonsandiego.com/news/metro/20070131-1204-bn31forest.html
"By Mike Lee
UNION-TRIBUNE STAFF WRITER
12:04 p.m. January 31, 2007
SAN DIEGO – The U.S. Forest Service is rethinking its proposal to restrict access to four well-known hiking and climbing sites in the Cleveland National Forest because of intense public resistance.
Forest officials said Wednesday that they would go through an environmental review of their plan to protect golden eagles and prairie falcons in San Diego County's backcountry. The review is expected to look into using smaller areas for raptor protection than the agency had initially proposed."
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