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Content Last Revised: 8/20/70
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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

 

 

 

Subpart B  

Exemptions Provisions Relating to Fishing and Aquatic Products


29 CFR 784.121 - Exempt fisheries operations.

  • Section Number: 784.121
  • Section Name: 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.
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