DISASTER ASSISTANCE

ELAP - Farm Raised Fish Assistance

Overview

The Agriculture Improvement Act of 2018 (the 2018 Farm Bill) 

authorize the Emergency Assistance for Livestock, Honeybees 

and Farm-Raised Fish Program (ELAP). ELAP provides emergency 

assistance to eligible owners of livestock, honeybees and farm 

raised fish. It covers losses due to an eligible adverse weather or loss 

condition, including blizzards and wildfires, as determined by

the Secretary. ELAP covers losses that are not covered under other 

disaster assistance programs, such as the Livestock Forage Disaster 

Program (LFP) and the Livestock Indemnity Program (LIP).

The 2018 Farm Bill, enacted Dec. 20, 2018, amended certain 

provisions related to ELAP effective with the 2019 program year. 

Those amendments included:

• Providing reimbursement of 90 percent of the cost of losses for 

socially disadvantaged, limited resource, or beginning or veteran 

farmer or rancher;

• removing ELAP from the combined ELAP and LFP maximum 

per person and legal entity payment limitation for the 2019 and 

subsequent program years (as discussed in this fact sheet).

ELAP is administered by the Farm Service Agency (FSA) of the U.S. 

Department of Agriculture (USDA).

Eligible Producer

An eligible producer is a person or legal entity who, in addition 

to meeting other payment eligibility requirements, is an owner, 

operator, landlord, tenant, or sharecropper, who shares in the risk of 

producing an eligible:

• Aquatic species that is propagated and reared in a controlled 

environment that is being maintained for commercial use as part 

of the producer’s farming operation; and

• Who:

• Owned or leased property with readily identifiable

• boundaries;

• Had control of the waterbed, the ground under the specific 

type of water and not just control over a column of water; 

and

• Provided purchased or produced feed to the farm-raised fish.

Eligible Fish

The fish must have been:

• Bait or game fish raised for sport

• by recreational anglers that were 

propagated and reared in a controlled 

environment;

• Any species of aquatic organisms grown 

as food for human consumption and 

reared in a controlled environment;

• Fish raised as food for fish that are 

consumed by humans and reared in a 

controlled environment;

• Ornamental fish propagated and reared 

in an aquatic medium in a controlled 

environment;

• Maintained for commercial use as part 

of a farming operation;

• Destroyed as a direct result of an 

eligible adverse weather or loss 

condition; and

• Physically located in the county where 

the eligible adverse weather or loss 

condition occurred on the beginning 

date of the eligible adverse weather or 

loss condition.

FACTSHEET • NOVEMBER 2023 fsa.usda.gov/ELAP
FARM RAISED FISH ASSISTANCE 2

Eligible Feed

A Feed must be intended for fish that are:

• An aquatic species that is propagated and reared in 

a controlled environment;

• Maintained and harvested for commercial use as 

part of a farming operation; and

• Physically located in the county where the eligible 

adverse weather or loss condition occurred on the 

beginning date of the eligible adverse weather or 

loss condition.

Alligators and turtles are not eligible for losses 

under ELAP.

Eligible Losses

ELAP covers:

• •Death losses, in excess of normal mortality, of 

eligible farm-raised fish caused by an eligible 

adverse weather or loss condition incurred in the 

county where the eligible adverse weather or loss 

condition occurred; and

• Purchased or produced farm-raised fish feed losses 

for feed that was intended to be fed to eligible 

farm-raised fish and was damagedbecause of an 

eligible adverse weather or loss condition in the 

county where the eligible adverse weather or loss 

condition occurred.

Eligible Conditions

The loss must be the direct result of an eligible adverse 

weather or loss condition, including but not limited to:

• Earthquakes;

• Excessive heat;

• Excessive winds;

• Flooding;

• Freezing;

• Hurricanes;

• Tidal surge;

• Tornadoes; and

• Volcanic eruption.

Fish Loss Payments

Payments are based on the state’s 5-year Olympic 

average fair market value for the type of farm-raised 

fish lost as established by FSA or the state’s best 

available data until a 5-year database is built. ELAP 

payments for eligible farm-raised fish death losses will 

be based on a minimum of 75 percent of the result of 

multiplying:

• The number of eligible farm-raised fish lost in 

excess of normal mortality rates due to an eligible 

adverse weather or loss condition, times;

• The state’s 5-year Olympic average fair market value 

for the type of farm-raised fish as established by 

FSA or the state’s best available data until a 5-year 

database is built.

FACTSHEET • NOVEMBER 2023 fsa.usda.gov/ELAP
FARM RAISED FISH ASSISTANCE 3

Feed Loss Payments

Payments are based on a minimum of 60 percent of the 

actual cost of purchased or harvested feed intended 

for eligible fish and was damaged because of an eligible 

adverse weather or loss condition in the program year 

in which the loss occurred.

Socially Disadvantaged, Limited Resource and 

Beginning or Veteran Farmers and Ranchers

With respect to the national payment rates referenced 

above, an eligible farm-raised fish producer who 

certifies they are socially disadvantaged, limited 

resource or a beginning or veteran farmer or rancher 

will receive 90 percent of the payment rate for fish 

losses under ELAP.

Payment Limitations

The 2018 Farm Bill removed ELAP from the combined

$125,000 payment limitation under ELAP and LFP. 

Therefore, for 2019 and subsequent program years, 

payment limitation does not apply to ELAP.

The average adjusted gross income (AGI) limitation 

relating to limits on payments for persons or legal 

entities, excluding joint ventures and general 

partnerships, with certain levels of AGI will apply.

Specifically, a person or legal entity with an AGI, as 

defined in 7 CFR Part 1400 that exceeds $900,000 will 

not be eligible to receive ELAP payments.

Direct attribution provisions apply to ELAP. Under 

direct attribution, any payment to a legal entity will also 

be considered (for payment limitation and eligibility 

purposes) to be a payment to persons or legal entities 

with an interest in the legal entity or in a sub-entity. To 

learn more, visit the Payment Eligibility and Payment 

Limitations fact sheet at fsa.usda.gov/paymentlimitations.

Applying for Assistance

Producers can apply to receive ELAP assistance at local 

FSA service centers. The program year deadline is 30 

calendar days after the end of the calendar year. For 

2023 program year losses, the application period will 

end no later than January 30, 2024.

In addition to submitting an application for payment, 

producers who suffered farm-raised fish losses must 

submit a notice of loss to the local FSA office that 

maintains the farm records for their business. The 

following table provides the final dates to file a notice 

of loss and application for payment for farm-raised fish 

losses.

DATE OF FARMRAISED FISH 

LOSS

FINAL DATE TO 

FILE NOTICE OF 

LOSS

FINAL DATE 

TO SUBMIT AN 

APPLICATION 

FOR PAYMENT

Program year 

2022 June 2, 2023 Jan. 30, 2023

Program year 

2023 and 

subsequent

Jan. 30 following 

the program year.

Jan. 30 following 

the program 

year.

FSA will use data furnished by the applicant to 

determine eligibility for program benefits. Furnishing 

the data is voluntary; however, without all required 

data, program benefits will not be approved or 

provided.

For More Information

This fact sheet is for informational purposes only; other 

eligibility requirements or restrictions may apply. To 

find more information about FSA disaster assistance 

programs, visit farmers.gov or contact your local FSA 

office. To find your local FSA office, visit farmers.gov/

service-center-locator.

USDA is an equal opportunity provider, employer, and lender.

FACTSHEET • NOVEMBER 2023