[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: 29CFR784.121]

[Page 676-677]
 
                             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. 784.121  Exempt fisheries operations.

    Employees engaged in the named operations, such at ``catching'' or 
``taking,'' are clearly exempt. As indicated in Sec. 784.106, employees 
engaged in activities that are ``directly and necessarily a part of'' an 
enumerated operation are also exempt (Mitchell v. Trade

[[Page 677]]

Winds, Inc., 289 F. 2d 278). The ``catching, taking, propagating, 
harvesting, cultivating, or farming'' of the various forms of aquatic 
life includes not only the actual performance of the activities, but 
also the usual duties inherent in the occupations of those who perform 
the activities. Thus, the fisherman who is engaged in ``catching'' and 
``taking'' must see to it that his lines, nets, seines, traps, and other 
equipment are not fouled and are in working order. He may also have to 
mend or replace his lines or nets or repair or construct his traps. Such 
activities are an integral part of the operations of ``catching'' and 
``taking'' of an aquatic product.