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 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, the fact 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.)
