As indicated by the legislative history, the purpose of the section
13(a)(5) exemption is to exempt from the minimum wage and overtime
provisions of the Act employment in those activities in the fishing
industry that are controlled or materially affected by natural factors
or elements, such as the vicissitudes of the weather, the changeable
conditions of the water, the run of
the catch, and the perishability of the products obtained (83 Cong. Rec.
7408, 7443; S. Rep. No. 145, p. 33 on H.R. 3935, 87th Cong., first
session; Fleming v. Hawkeye Pearl Button Co., 113 F. 2d 52; Walling v.
Haden, 153 F. 2d 196, certiorari denied 328 U.S. 866).
