[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: 29CFR784.123]

[Page 632-633]
 
                             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. 784.123  Operations performed on fishing equipment.

    On the principle stated in Sec. 784.122 the replacement, repair, 
mending, or construction of the fisherman's equipment performed at the 
place of the fishing operation would be exempt. Such activities 
performed in contemplation of the trip are also within the exemption if 
the work is so closely related both in point of time and function to the 
acquisition of the aquatic life that it is really a part of the fishing 
operation or of ``going to * * * work.'' For example, under appropriate 
facts, the repair of

[[Page 633]]

the nets, or of the vessel, or the building of fish trap frames on the 
shore immediately prior to the opening of the fishing season would be 
within the exemption. Activities at the termination of a fishing trip 
which are similarly related in time and function to the actual conduct 
of fishing operations or ``returning from work'' may be within the 
exemption on like principles. Similarly, thefact that the exemption is 
intended generally for ``offshore'' activities does not mean that it may 
not apply to employment in other activities performed on shore which are 
so integrated with the conduct of actual fishing operations and 
functionally so necessary thereto that the employment is, in practical 
effect, directly and necessarily a part of the fishing operations for 
which the exemption is intended. In such circumstances the exemption 
will apply, for example, to an employee employed by a vessel owner to 
watch the fishing vessel, its equipment, and the catch when it comes to 
port, checks the mooring lines, operate bilge pumps and heating and 
cooling systems on the vessel, and assist in the loading and unloading 
of the fishing equipment and the catch. Work of the kinds referred to 
may be exempt when performed by the fisherman himself or necessary to 
the conduct of the fishing organization. However, the exemption would 
not apply to employees of a manufacturer of supplies or to employees of 
independent shops which repair boats and equipment. (Dize v. Maddix, 144 
F. 2d 584, affirmed 324 U.S. 697.)