NAA is sharing this information to help clarify an issue that has led to misunderstandings at the state level regarding interstate transport requirements and applicable exemptions. To support growers, haulers, and driver operators, we encourage those transporting live fish to review and carry a hard copy of the regulatory Letter of Interpretation (LOI) from the DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) to help provide clarity if questions arise during transport.

Live fish hauling trucks equipped with liquified oxygen cylinders to aerate fish are exempt from Department of Transportation (DOT) Hazardous Materials Regulations (HMR). The cylinders are recognized as being “an integral part of a process system” and exempt under §173.320(b(2). Cylinders containing non-liquefied compressed oxygen must be transported in accordance with §173.301 and §173.302.

Live fish hauling businesses or driver operators are encouraged to click on and print a hard copy of the regulatory Letter of Interpretation (LOI) from DOT Pipeline and Hazardous Materials Safety Administration (PHMSA) and carry copies in your trucks to assist federal or state agencies in understanding the exemption. Click here to access the letter.