Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1416.104 Eligible livestock, honeybees, and farm-raised fish. ( a ) To be considered eligible livestock for livestock grazing and feed; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever; livestock must meet all the following conditions: ( 1 ) Be grazing animals such as alpacas, adult or non-adult dairy cattle, adult or non-adult beef cattle, adult or non-adult beefalo, adult or non-adult buffalo or bison, deer, elk, emus, equine, goats, llamas, reindeer, or sheep;
( 2 ) Except for livestock losses resulting from gathering livestock to treat cattle tick fever, be livestock that would normally have been grazing the eligible grazing land or pastureland during the normal grazing period for the specific type of grazing land or pastureland for the county where the eligible adverse weather or eligible loss condition occurred;
( 3 ) Be livestock that is owned, cash-leased, purchased, under contract for purchase, or been raised by a contract grower or an eligible livestock owner, for not less than 60 days before the beginning date of the eligible adverse weather or eligible loss condition; and
( 4 ) Be livestock produced or maintained for commercial use or be livestock that is produced or maintained for producing livestock products for commercial use, such as milk from dairy, as part of the contract grower's or livestock owner's farming operation on the beginning date of the eligible adverse weather or eligible loss condition.
( b ) The eligible livestock types for grazing and feed losses; losses resulting from transporting water, feed, and livestock; and gathering livestock to treat for cattle tick fever are: ( 1 ) Adult beef cows or bulls,
( 2 ) Adult beefalo cows or bulls,
( 3 ) Adult buffalo or bison cows or bulls,
( 4 ) Adult dairy cows or bulls,
( 5 ) Alpacas,
( 6 ) Deer,
( 7 ) Elk,
( 8 ) Emus,
( 9 ) Equine,
( 10 ) Goats,
( 11 ) Llamas,
( 12 ) Non-adult beef cattle,
( 13 ) Non-adult beefalo,
( 14 ) Non-adult buffalo or bison,
( 15 ) Non-adult dairy cattle,
( 16 ) Ostriches,
( 17 ) Reindeer, and
( 18 ) Sheep.
( c ) Ineligible livestock for grazing and feed losses and losses resulting from transporting water, feed, and livestock include, but are not limited to: ( 1 ) Livestock that were or would have been in a feedlot, on the beginning date of the eligible adverse weather or eligible loss condition, as a part of the normal business operation of the producer, as determined by FSA;
( 2 ) Animals that are not grazing animals;
( 3 ) Yaks;
( 4 ) Poultry;
( 5 ) Swine;
( 6 ) All unweaned beef and dairy cattle, and buffalo or bison and beefalo that weighed less than 500 pounds on the beginning date of the eligible adverse weather or eligible loss condition; and
( 7 ) Livestock that are not produced for commercial use or those that are not produced or maintained in a commercial operation for livestock products, such as milk from dairy, including, but not limited to: ( i ) Any wild free roaming livestock;
( ii ) Horses and other animals used or intended to be used for racing or wagering;
( iii ) Animals produced or maintained for hunting; and
( iv ) Animals produced or maintained for consumption by owner.
( d ) Under ELAP, “contract growers” only includes producers of livestock, other than feedlots, whose income is dependent on any of the following: Actual weight gain of the livestock, number of offspring produced from the livestock, or quantity of products (eggs, milk, etc.) produced from the livestock.
( e ) For honeybee colony, hive, and feed losses to be eligible, the honeybee colony must meet the following conditions: ( 1 ) Been maintained for the purpose of producing honey or pollination for commercial use in a farming operation on the beginning date of the eligible adverse weather or eligible loss condition;
( 2 ) Been physically located in the county where the eligible adverse weather or eligible loss condition occurred on the beginning date of the eligible adverse weather or eligible loss condition;
( 3 ) Been a honeybee colony in which the participant has a risk in the honey production or pollination farming operation on the beginning date of the eligible adverse weather or eligible loss condition;
( 4 ) Been a honeybee colony for which the producer had an eligible loss of a honeybee colony, honeybee hive, or honeybee feed; the feed must have been intended as feed for honeybees.
( f ) For fish to be eligible to generate payments under ELAP, the fish must be produced in a controlled environment and the farm-raised fish must: ( 1 ) For feed losses: ( i ) Be an aquatic species that is propagated and reared in a controlled environment;
( ii ) Be maintained and harvested for commercial use as part of a farming operation; and
( iii ) Be physically located in the county where the eligible adverse weather or eligible loss condition occurred on the beginning date of the eligible adverse weather or eligible loss condition.
( 2 ) For death losses: ( i ) Be bait fish, game fish, or another aquatic species deemed eligible by the Deputy Administrator that are propagated and reared in a controlled environment;
( ii ) Been maintained for commercial use as part of a farming operation; and
( iii ) Been physically located in the county where the eligible loss adverse weather or eligible loss condition occurred on the beginning date of the eligible adverse weather or eligible loss condition.
( g ) To be considered eligible for milk losses due to H5N1, livestock must be adult dairy cows that are: ( 1 ) Currently in one of the lactation phases (early, mid, or late) of their lactation cycle and producing milk in which the producer had financial risk at the time of the positive H5N1 test collection date;
( 2 ) Owned, cash-leased, purchased, or been raised by a contract grower or eligible livestock owner, for not less than 60 days before the date of the eligible loss condition;
( 3 ) Maintained for commercial milk production as part of the producer's farming operation on the positive H5N1 test collection date;
( 4 ) Part of a herd that has a minimum of one positive H5N1 test; and
( 5 ) Initially removed from commercial milk production due to confirmed or suspected H5N1 infection at some point during the time period beginning 14 days before the positive H5N1 test collection date through 120 days after the positive H5N1 test collection date.
( h ) An adult dairy cow that meets the requirements of paragraph (g) of this section is considered eligible to be reported for payment only for the month in which it is initially removed from commercial milk production due to confirmed or suspected H5N1 infection. In order to prevent duplicate benefits for the same loss, an adult dairy cow cannot be reported as an eligible animal for any subsequent month after the initial month of eligibility unless the animal has returned to milk production and is later removed from milk production due to a new infection after the initial 120 day eligibility from an APHIS confirmed positive test within the herd. During the 120 day time period after a positive H5N1 test collection date, an animal is only eligible for payment one time, based on the positive H5N1 test for that herd.
79 FR 21097, Apr. 14, 2014, as amended at 83 FR 49465, Oct. 2, 2018;85 FR 10964, Feb. 26, 2020; 87 FR 19785, Apr. 6, 2022; 88 FR 1891, Jan. 11, 2023; 89 FR 54335, July 1, 2024]