[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR784.121]

[Page 632]
 
                             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 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.