108 STAT. 558 PUBLIC LAW 103-238—APR. 30, 1994 (16 U.S.C. 1531 et seq.), or is designated as depleted under this Act. "(20) The term 'potential biological removal level' means the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. The potential biological removal level is the product of the following factors: "(A) The minimum population estimate of the stock. "(B) One-half the maximum theoretical or estimated net productivity rate of the stock at a small population size. "(C) A recovery factor of between 0.1 and 1.0. "(21) The term 'Regional Fishery Management Council' means a Regional Fishery Management Council established under section 302 of the Magnuson Fishery Conservation and Management Act. "(22) The term 'bona fide research' means scientific research on marine mammals, the results of which— "(A) likely would be accepted for publication in a referred scientific journal; "(B) are likely to contribute to the basic knowledge of marine mammal biology or ecology; or "(C) are likely to identify, evaluate, or resolve conservation problems. "(23) The term 'Alaska Native organization' means a group designated by law or formally chartered which represents or consists of Indians, Aleuts, or Eskimos residing in Alaska. "(24) The term 'take reduction plan' meeuis a plan developed under section 118. "(25) The term 'take reduction team' means a team established under section 118. "(26) The term 'net productivity rate' means the annual per capita rate of increase in a stock resulting from additions due to reproduction, less losses due to mortality. "(27) The term 'minimum population estimate' means an estimate of the number of animals in a stock that— "(A) is based on the best available scientific information on abundance, incorporating the precision and variability associated with such information; and "(B) provides reasonable assurance that the stock size is equal to or greater than the estimate.". SEC. 13. PENALTIES; PROHIBITIONS. (a) CIVIL PENALTIES. —Section 105(a)(1) (16 U.S.C. 1375(a)(1)) is amended by inserting ", except as provided in section 118," (b) CRIMINAL PENALTIES.— Section 105(b) (16 U.S.C. 1375(b)) is amended by inserting "(except as provided in section 118)" after "thereunder". (c) PROHIBITIONS.— Section 102(a) (16 U.S.C. 1372(a)) is amended by striking "and 114 of this title or title III" and inserting "114, and 118 of this title and title IV". 16 USC 1361 SEC. 14. INDIAN TREATY RIGHTS; ALASKA NATIVE SUBSISTENCE. Nothing in this Act, including any amendments to the Marine Mammal Protection Act of 1972 made by this Act—
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