[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: 29CFR784.124]

[Page 677-678]
 
                             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. 784.124  Going to and returning from work.

    The phrase ``including the going to and returning from work'' 
relates to the preceding named operations which pertain to the procuring 
and appropriation of seafood and other forms of aquatic life from 
nature. The expression obviously includes the time spent by fishermen 
and others who go to and from the fishing grounds or other locations 
where the aquatic life is reduced to possession. If going to work 
requires fishermen to prepare and carry the equipment required for the 
fishing operation, this would be included within the exemption. In 
performing such travel the fishermen may be required to row, guide or 
sail the boat or otherwise assist in its operation. Similarly, if an 
employee were digging for clams

[[Page 678]]

or other shellfish or gathering seaweed on the sand or rocks it might be 
necessary to drive a truck or other vehicle to reach his destination. 
Such activities are exempt within the meaning of this language. However, 
the phrase does not apply to employees who are not employed in the 
activities involved in the acquisition of aquatic animal or vegetable 
life, such as those going to or returning from work at processing or 
refrigerator plants or wholesale establishments.