3.1 STATUS DETERMINATION CRITERIA

Any fishery management plan . . . shall . . . specify objective and measurable criteria for identifying when the fishery . . . is overfished . . . and, . . . contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery
Magnuson-Stevens Act, '§303(a)(10)

Overfishing (to overfish) occurs whenever a stock or stock complex is subjected to a level of fishing mortality or annual total catch that jeopardizes the capacity of a stock or stock complex to produce MSY on a continuing basis
NS1Gs (600.310 (e)(2)(i)(B))

Overfished. A stock or stock complex is considered ‘‘overfished’’ when its biomass has declined below a level that jeopardizes the capacity of the stock or stock complex to produce MSY on a continuing basis.” NS1Gs (600.310 (e)(2)(i)(E))

Approaching an overfished condition. A stock or stock complex is approaching an overfished condition when it is projected that there is more than a 50 percent chance that the biomass of the stock or stock complex will decline below the MSST within two years.
NS1Gs (600.310(e)(2)(i)(G)

A stock will be considered overfished if the 3-year geometric mean of annual spawning escapements falls below the MSST, where MSST is generally defined as 0.5*SMSY or 0.75*SMSY, although there are some exceptions (Table 3-1). Overfished determinations will be made annually using the three most recently available postseason estimates of spawning escapement.