### Question
How is the term incidental taking defined?


### Answer
The term **incidental taking** is defined in *10 U.S.C. § 8635* as the following:

> any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity

#### Citation:
  - *10 U.S.C. § 8635*
  - Heading: **Subtitle C-Navy and Marine Corps > PART IV-GENERAL ADMINISTRATION > CHAPTER 861-SECRETARY OF THE NAVY: MISCELLANEOUS POWERS AND DUTIES**

