The legal position regarding cetaceans in Argentina and Chile is reviewed. Known live captures to date have involved one species, Cephalorhynchus commersonii. Incidental take is discussed for both countries. Dolphins and porpoises are taken in various types of nets, but little actual data are known. Small cetaceans are not directly taken in Argentina at present, although there have been incidents of capture for bait, of sport shooting and alleged competition with fishing operations in the past. In southern Chile, large numbers of Lagenorhynchus australis and some C. commersonii were taken as crab bait during 1976-1978. The actual status of this fishery is unknown.