[Code of Federal Regulations]
[Title 9, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR54.6]

[Page 181-182]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
  CHAPTER I--ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 54_CONTROL OF SCRAPIE--Table of Contents
 
                Subpart A_Scrapie Indemnification Program
 
Sec. 54.6  Amount of indemnity payments.

    (a) Indemnity paid for sheep in accordance with Sec. 54.3 will be 
set based on the following price reports published by the Agricultural 
Marketing Service (AMS). If pricing information is unavailable from 
these markets during a given week or month or if the numbers of animals 
sold are too low to give an accurate market value, the preceding week or 
month's value will be used. The AMS reports from the most recent week or 
month prior to the date APHIS offers to pay an owner indemnity shall be 
used to calculate the indemnity for that owner's sheep:
    (1) The weekly weighted average Choice/Prime slaughter lamb price 
per pound at Greeley, CO;
    (2) The weekly weighted average Utility slaughter ewe price per 
pound at San Angelo, TX;
    (3) The monthly weighted average commercial western ewe lamb 
replacement price per head;
    (4) The monthly weighted average commercial western yearling ewe 
replacement price per head;
    (5) The monthly weighted average commercial western running age ewe 
price per head.

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    (6) The monthly weighted average commercial western aged ewe price 
per head.
    (b) For animals under 1 year of age, the basic indemnity shall equal 
the price per pound from paragraph (a)(1) of this section times the 
greater of 50 lbs or the actual weight of the animal; except that, for 
ewe lambs under 1 year of age, the indemnity shall equal the per-head 
price from paragraph (a)(3) of this section if that price is higher. For 
sexually intact sheep 8 years of age or older and castrated animals 1 
year of age or older, the basic indemnity shall equal the price per 
pound from paragraph (a)(2) of this section times 150, based on an 
average weight of 150 lbs. For sexually intact sheep at least 1 year of 
age and under 2 years of age, the indemnity shall equal the greater of 
the price per head from paragraph (a)(4) of this section, or the price 
per pound from paragraph (a)(2) of this section times 150, based on an 
average weight of 150 lbs. For sexually intact sheep at least 2 years of 
age and under 6 years of age, the basic indemnity shall equal the 
greater of the price per head from paragraph (a)(5) of this section or 
the price per pound from paragraph (a)(2) of this section times 150, 
based on an average weight of 150 lbs. For sexually intact sheep at 
least 6 years of age and under 8 years of age, the basic indemnity will 
equal the greater of the price per head from paragraph (a)(6) of this 
section or the price per pound from paragraph (a)(2) of this section 
times 150, based on an average weight of 150 lbs. A premium shall be 
added to the basic indemnity for each registered animal, equal to $100 
for each registered animal under 1 year of age, $200 for each registered 
animal at least 1 year of age and under 4 years of age, and $100 for 
each registered animal at least 4 years of age and under 8 years of age. 
An additional premium of $50 will be added to the basic indemnity for 
each flock sire. The owner must provide adequate records to qualify for 
these premiums. When the animals to be indemnified are goats, or are 
sheep that fall outside the classes covered previously in this 
paragraph, the Administrator may take into consideration the producer's 
purchase records and sales records for the preceding 12 to 24 months in 
determining the indemnity amount, but the indemnity shall not exceed the 
maximum indemnity calculated for registered sheep in accordance with 
this section.
    (1) If records and identification are inadequate to determine the 
actual age of animals, an APHIS or State representative will count all 
sexually intact animals that are apparently under 1 year of age, and 
those that are apparently at least 1 and under 2 years of age, based on 
examination of their teeth, and the indemnity for these animals will be 
calculated. The total number of these animals will be subtracted from 
the total number of sexually intact animals in the group to be 
indemnified, and indemnity for the remainder will be calculated based on 
the assumption that the remainder of the flock is 80 percent aged 2 to 6 
years and 20 percent aged 6 to 8 years.
    (2) Any animal that is not registered at the time indemnity is first 
offered, but is eligible to be registered, will receive the registered 
animal premium reduced by $50.
    (c) For animals destroyed by slaughter, the owner will retain the 
salvage value (the amount paid by a slaughter plant for the animal) of 
the animals in lieu of receiving the base indemnity. If the salvage 
value, less transport costs, is less than the base indemnity, APHIS will 
pay the owner the difference. APHIS will also indemnify the owner in the 
amount of any registered animal or flock sire premiums for which the 
animal qualifies.
    (d) If the owner disagrees with the average weight estimate, he may 
have the sheep weighed at a public scale at his own expense, provided 
that the sheep may not come in contact with other sheep or goats during 
movement to the public scales, and will be paid based on the actual 
weight times the AMS weekly average price.
    (e) Indemnity will be paid to an owner only for animals actually in 
a flock at the time indemnity is first offered. Animals removed from the 
flock as part of a post-exposure management and monitoring plan will be 
paid indemnity based on the AMS average prices at the time an APHIS 
representative designates the animals for removal.

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