[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR784.120]

[Page 676]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 784_PROVISIONS OF THE FAIR LABOR STANDARDS ACT APPLICABLE TO FISHING 
AND OPERATIONS ON AQUATIC PRODUCTS--Table of Contents
 
Subpart B_Exemptions Provisions Relating to Fishing and Aquatic Products
 
Sec. 784.120  Application of exemption to ``offshore'' activities in 
general.

    The expression ``offshore activities'' is used to describe the 
category of named operations pertaining to the acquisition from nature 
of aquatic forms of animal and vegetable life. As originally enacted in 
1938, section 13(a)(5) exempted not only employees employed in such 
``offshore'' or ``trip'' activities but also employees employed in 
related activities on shore which were similarly affected by the natural 
factors previously discussed (see Sec. 784.103, and Fleming v. Hawkeye 
Pearl Button Co., 113 F. 2d 52). However, the intent of the 1961 
amendments to the Act was to remove from the exemption the so-called 
onshore activities and ``leave the exemption applicable to `offshore' 
activities connected with the procurement of the aquatic products'' (S. 
Rep. 145, 87th Cong., first session, p. 33). Despite its comprehensive 
reach (see Sec. Sec. 784.105 and 784.106), the exemption, like the 
similar exemption is the Act for agriculture, is ``meant to apply only'' 
to the activities named in the statute (see Maneja v. Waialua, 349 U.S. 
254; Farmers Reservoir Co. v. McComb, 337 U.S. 755).