In extending the minimum wage to seamen on American vessels by
limiting the exemption from minimum wages and overtime provided by
section 13(a)(12) 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)(12),
above noted, 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. 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) exemptions
would apply to its members. For a further explanation of the seaman's
exemption, see part 783 of this chapter.
