29 C.F.R. § 784.121 Exempt Fisheries Operations

• Library: Code of Federal Regulations
• Edition: 2023 Edition
• Currency: Current through September 30, 2023

Employees engaged in the named operations, such at "catching" or "taking," are clearly exempt. As indicated in §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...