[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: 29CFR784.126]

[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. 784.126  Operation of the fishing vessel.

    In extending the minimum wage to seamen on American vessels by 
limiting the exemption from minimum wages and overtime provided by 
section 13(a)(12) of the Act to ``any employee employed as a seaman on a 
vessel other than an American vessel'', and at the same time extending 
the minimum wage to ``onshore'' but not ``offshore'' operations 
concerned with aquatic products, the Congress, in the 1961 amendments to 
the Act, did not indicate any intent to remove the crews of fishing 
vessels engaged in operations named in section 13(a)(5) from the 
exemption provided by that section. The exemption provided by section 
13(a)(12), above noted, and the general exemption in section 13(b)(6) 
from overtime for ``any employee employed as a seaman'' (whether or not 
on an American vessel) apply, in general to employees, working aboard 
vessels, whose services are rendered primarily as an aid to navigation. 
It appears, however, that it is not the custom or practice in the 
fishing industry for a fishing vessel to have two crews; namely, a 
fishing crew whose duty it is primarily to fish and to perform other 
duties incidental thereto and a navigational crew whose duty it is 
primarily to operate the boat. Where, as is the typical situation, there 
is but one crew which performs all these functions, the section 13(a)(5) 
exemptions would apply to its members. For a further explanation of the 
seaman's exemption, see part 783 of this chapter.