In extending the minimum wage to seamen on American vessels by
limiting the exemption from minimum wages and overtime provided by
section 13(a)(14) of the Act to ``any employee employed as a seaman on a
vessel other than an American vessel,'' and at the same time extending
the minimum wage to ``onshore'' but not ``offshore'' operations
concerned with aquatic products, the Congress, in the 1961 Amendments to
the Act, did not indicate any intent to remove the crews of fishing
vessels engaged in operations named in section 13(a)(5) from the
exemption provided by that section. The exemption provided by section
13(a)(14), and the general exemption in section 13(b)(6) from overtime
for ``any employee employed as a seaman'' (whether or not on an American
vessel) apply, in general, to employees, working aboard vessels, whose
services are rendered primarily as an aid to navigation (Secs. 783.31-
783.37). It appears, however, that it is not the custom or practice in
the fishing industry for a fishing vessel to have two crews; namely, a
fishing crew whose duty it is primarily to fish and to perform other
duties incidental thereto and a navigational crew whose duty it is
primarily to operate the boat. Where, as is the typical situation, there
is but one crew which performs all these functions, the section 13(a)(5)
exemption from both the minimum wage and the overtime provisions would
apply to its members. For a further explanation of the fishery exemption
see part 784 of this chapter.
