[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: 29CFR784.125]

[Page 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. 784.125  Loading and unloading.

    The term ``loading and unloading'' applies to activities connected 
with the removal of aquatic products from the fishing vessel and their 
initial movement to markets or processing plants. The term, however, is 
not without limitation. The statute by its clear language makes these 
activities exempt only when performed by any employee employed in the 
procurement activities enumerated in section 13(a)(5). This limitation 
is confirmed by the legislative history of the 1961 amendments which 
effectuated this change in the application of this term (S. Rep. 145, 
87th Cong., first session, p. 33). Consequently, members of the fishing 
crew engaged in loading and unloading the catch of the vessel to another 
vessel at sea, or at the dockside would be engaging in exempt activities 
within the meaning of section 13(a)(5). On the other hand, dock workers 
performing the same kind of tasks would not be within the exemption.