Sec. 105. Distinguishing between overfished and depleted
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Section 3 ( 16 U.S.C. 1802 ) is amended— in paragraph (34), by striking and and inserting overfished mean means ; and by inserting after paragraph
(8)the following: The term ‘depleted' means, with respect to a stock of fish or stock complex, that the stock or stock complex has a biomass that has declined below a level that jeopardizes the capacity of the stock or stock complex to produce maximum sustainable yield on a continuing basis. . The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) is amended by striking overfished each place it appears and inserting depleted . Section 304(e)(1) ( 16 U.S.C. 1854(e)(1) ) is amended by adding at the end the following: The report shall distinguish between fisheries that are depleted (or approaching that condition) as a result of fishing and fisheries that are depleted (or approaching that condition) as a result of factors other than fishing. The report shall state, for each fishery identified as depleted or approaching that condition, whether the fishery is the target of directed fishing. .
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