Incidental catch

Incidental catch means the taking of a marine mammal because it is directly interfering with commercial fishing operations, or (2) as a consequence of the steps used to secure the fish in connection with commercial fishing operations: Provided, That a marine mammal so taken must immediately be returned to the sea with a minimum of injury and further, that the taking of a marine mammal, which otherwise meets the requirements of this definition shall not be considered an incidental catch of that mammal if it is used subsequently to assist in commercial fishing operations.

Source

50 CFR § 216.3


Scoping language

In addition to definitions contained in the MMPA, and unless the context otherwise requires, in this part 216:

Is this correct? or