; and (B) is not likely to become subject to overfishing or depleted in the absence of conservation and management measures. . 6. Distinguishing between overfished and depleted (a) Definitions Section 3 ( 16 U.S.C. 1802 ) is amended— (1) in paragraph (34), by striking The terms overfishing and overfished mean and inserting The term overfishing means ; and (2) by inserting after paragraph (8) the following: (8a) 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. . (b) Substitution of term The Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) is amended— (1) in the heading of section 304(e), by striking Overfished and inserting Depleted