§ 760.304 Covered livestock. ( a ) To be considered covered livestock for LFP payments, livestock must meet all the following conditions: ( 1 ) Be adult or non-adult beef cattle, adult or non-adult beefalo, adult or non-adult buffalo, adult or non-adult dairy cattle, alpacas, deer, elk, emus, equine, goats, llamas, poultry, reindeer, sheep, or swine;
( 2 ) Be livestock that would normally have been grazing the eligible grazing land or pastureland in the county: ( i ) During the normal grazing period for the specific type of grazing land or pastureland for the county or
( ii ) When the Federal agency prohibited the eligible livestock producer from using the managed rangeland for grazing due to a fire;
( 3 ) Be livestock that the eligible livestock producer: ( i ) During the 60 days prior to the beginning date of a qualifying drought or fire: ( A ) Owned,
( B ) Leased,
( C ) Purchased,
( D ) Entered into a contract to purchase, or
( E ) Was a contract grower of; or
( ii ) Sold or otherwise disposed of due to qualifying drought during: ( A ) The current production year or
( B ) 1 or both of the 2 production years immediately preceding the current production year;
( 4 ) Been maintained for commercial use as part of the producer's farming operation on the beginning date of the qualifying drought or fire;
( 5 ) Not have been produced and maintained for reasons other than commercial use as part of a farming operation. Such excluded uses include, but are not limited to, any uses of wild free roaming animals or use of the animals for recreational purposes, such as pleasure, roping, hunting, pets, or for show; and
( 6 ) Not have been livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary.
( b ) The covered livestock categories are: ( 1 ) Adult beef cows or bulls,
( 2 ) Adult buffalo or beefalo cows or bulls,
( 3 ) Adult dairy cows or bulls,
( 4 ) Alpacas,
( 5 ) Deer,
( 6 ) Elk,
( 7 ) Emu,
( 8 ) Equine,
( 9 ) Goats,
( 10 ) Llamas,
( 11 ) Non-adult beef cattle,
( 12 ) Non-adult buffalo or beefalo,
( 13 ) Non-adult dairy cattle,
( 14 ) Poultry,
( 15 ) Reindeer,
( 16 ) Sheep, and
( 17 ) Swine.
( c ) Livestock that are not covered include, but are not limited to: ( 1 ) Livestock that were or would have been in a feedlot, on the beginning date of the qualifying drought or fire, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary;
( 2 ) Yaks;
( 3 ) Ostriches;
( 4 ) All beef and dairy cattle, and buffalo and beefalo that weighed less than 500 pounds on the beginning date of the qualifying drought or fire;
( 5 ) Any wild free roaming livestock, including horses and deer; and
( 6 ) Livestock produced or maintained for reasons other than commercial use as part of a farming operation, including, but not limited to, livestock produced or maintained for recreational purposes, such as: ( i ) Roping,
( ii ) Hunting,
( iii ) Show,
( iv ) Pleasure,
( v ) Use as pets, or
( vi ) Consumption by owner.
[74 FR 46680, Sept. 11, 2009, as amended at 75 FR 19189, Apr. 14, 2010]