Incidental Catch Law and Legal Definition
50 CFR 18.3 defines incidental catch as “the taking of a marine mammal (a) because it is directly interfering with commercial fishing operations, or (b) as a consequence of the steps used to secure the fish in connection with commercial fishing operations: Provided, however, that a marine mammal so taken must immediately be returned to the sea with a minimum of injury; and Provided, further, that the taking of a marine mammal which otherwise meets the requirements of this definition shall not be considered as incidental catch of that mammal if it is used subsequently to assist in commercial fishing operations.”
