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9 CFR Ch. I (1–1–00 Edition)

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9 CFR Ch. I (1–1–00 Edition) § 51.2 9 CFR Ch. I (1±1±00 Edition) Simmental Association, Inc., American accordance with § 71.20 of this chapter, Tarentaise Asssociation, Ankina for assembling cattle or bison for sale.2 Breeders, Inc., Ayrshire Breeders Asso- State. Any State, the District of Co- ciation, Barzona Breed Association of lumbia, Puerto Rico, the Virgin Islands America, Beefmaster Breeders Uni- of the United States, Guam, the North- versal, Belted Galloway Society, ern Mariana Islands, or any other terri- Brahmanstein Breeders Association, tory or possession of the United States. Brown Swiss Beef International, Inc., State animal health official. The indi- Brown Swiss Cattle Breeders Associa- vidual employed by a State who is re- tion of U.S.A., Char-Swiss Breeders As- sponsible for livestock and poultry dis- sociation, Devon Cattle Association, ease control and eradication programs Inc., Dutch Belted Cattle Association in that State. of America, Inc., Foundation State representative. An individual em- Beefmaster Association, Galloway Cat- ployed in animal health activities by a tle Society of America, Inc., Galloway State or a political subdivision thereof, Performance International, Holstein- and who is authorized by such State or political subdivision to perform the Friesian Association of America, Inter- function involved under a cooperative national Braford Association, Inter- agreement with the United States De- national Brangus Breeders Association, partment of Agriculture. Inc., International Maine-Anjou Asso- Unofficial vaccinate. Any cattle or ciation, Marky Cattle Association, Mid bison which have been vaccinated for 3 America RX Cattle Company, Na- brucellosis other than in accordance tional Beefmaster Association, North with the provisions for official vac- American Limousin Foundation, Pan cinates set forth in § 78.1 of this chap- American Zebu Association, Red and ter. White Dairy Cattle Association, Red Veterinarian in Charge. The veteri- Angus Association of America, Red nary official of the Animal and Plant Poll Beef Breeders International, Red Health Inspection Service, United Poll Cattle Club of America, Santa States Department of Agriculture, who Gertrudis Breeders International, is assigned by the Administrator to su- Simbrah Association, South Devon pervise and perform offical animal Breed Society, Sussex Cattle Associa- health work of the Animal and Plant tion of America, Texas Longhorn Health Inspection Service, in the State Breeders Association of America, and concerned. White Park Cattle Association of (Secs. 3, 4, 5, 11, and 13, 23 Stat. 32, as amend- America. ed; secs. 1 and 2, 32 Stat. 791±792, as amended; Registered cattle. Cattle for which in- sec. 3, 33 Stat. 1265, as amended; sec. 3, 76 dividual records of ancestry are re- Stat. 130 (21 U.S.C. 111±113, 114, 114a±1, 120, corded and maintained by a breed asso- 121, 125, 134b); 7 CFR 2.17, 2.51, and 371.2(d)) ciation whose purpose is the improve- [42 FR 64336, Dec. 23, 1977] ment of the bovine species, and for EDITORIAL NOTE: For Federal Register cita- which individual registration certifi- tions affecting § 51.1, see the List of CFR Sec- cates are issued and recorded by such tions Affected in the Finding Aids section of breed association. this volume. Registered swine. Any breeding swine for which a certificate of pure breeding § 51.2 Cooperation with States. has been issued by a purebred swine as- The Administrator has been dele- sociation. gated the authority to cooperate with Sexually intact exposed female calf. A the proper State authorities in the female bovine less than 6 months of age eradication of brucellosis and to pay that is nursed by a brucellosis reactor at the time such reactor is condemned, 2 Notices containing lists of specifically ap- and that has not been altered to make proved stockyards are published in the FED- it incapable of reproduction. ERAL REGISTER. Lists of specifically ap- Specifically approved stockyard. Prem- proved stockyards also may be obtained from the State animal health official, State rep- ises approved by the Administrator, in resentatives, or APHIS representatives. 150 VerDate 02<MAR>2000 20:00 Mar 06, 2000 Jkt 190025 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\190025T.XXX pfrm01 PsN: 190025T Animal and Plant Health Inspection Service, USDA § 51.3 indemnities for the destruction of bru- test and any sexually intact exposed fe- cellosis-reactor animals or brucellosis- male calves; exposed animals. (ii) Cattle and bison in a herd that [42 FR 64336, Dec. 23, 1977, as amended at 54 has been approved for depopulation; FR 32435, Aug. 8, 1989] and (iii) Brucellosis-exposed cattle and § 51.3 Payment to owners for animals brucellosis-exposed bison that were destroyed. previously sold or traded from any herd (a) Cattle and bison. The Adminis- that was, subsequent to the sale or trator may authorize the payment of trade, found to be affected with brucel- Federal indemnity by the U.S. Depart- losis. Epidemiological information ment of Agriculture to any owner such as test results, herd history, and whose cattle or bison are destroyed related evidence will be used to estab- after having been approved for destruc- lish a probable date when the herd was tion by APHIS under the brucellosis first affected with brucellosis. Animals eradication program.3 In all cases, the sold after that date will be considered amount of Federal indemnity will be to be exposed; those sold before that determined in accordance with the reg- date will not. ulations in this part that were in effect (2) Maximum per-head indemnity on the date that reactors were found or amounts. Owners of the types of ani- the date that whole-herd depopulation mals described in § 51.3(a)(1) are eligible or destruction of individual animals to receive Federal indemnity for their was approved. Prior to payment of in- animals in the following amounts: demnity, proof of destruction 4 must be (i) Brucellosis reactors and sexually in- furnished to the Veterinarian in tact exposed female calves. Except for Charge. brucellosis reactors and sexually intact (1) Eligibility for indemnity. Owners of exposed female calves destroyed as the following types of animals de- part of a whole-herd depopulation, the stroyed because of brucellosis are eligi- indemnity for cattle and bison that are ble to receive Federal indemnity for brucellosis reactors shall not exceed their animals: $250 for any registered cattle and non- (i) Cattle and bison identified as re- registered dairy cattle or $50 for any actors as a result of a complete herd bison or nonregistered cattle other than dairy cattle, and the indemnity 3 The Administrator shall authorize pay- for sexually intact exposed female ment of Federal indemnity by the U.S. De- calves shall not exceed $50. partment of Agriculture at the maximum (ii) Herd depopulations and individual per-head rates in § 51.3: (a) As long as suffi- exposed animals. Owners of herds that cient funds appropriated by Congress appear have been approved for depopulation to be available for this purpose for the re- mainder of the fiscal year; (b) in States or and owners of brucellosis-exposed cat- areas not under Federal quarantine; (c) in tle and brucellosis-exposed bison that States requesting payment of Federal indem- meet the conditions of § 51.3 (a)(1)(iii) nity; and (d) in States not requesting a lower may choose either of the two methods rate. described in paragraphs (a)(2)(ii)(A) and 4 The Veterinarian in Charge shall accept (a)(2)(ii)(B) of this section, involving any of the following documents as proof of fair market value of the animal to be destruction: (a) A postmortem report; (b) a destroyed or a fixed rate, for deter- meat inspection certification of slaughter; (c) a written statement by a State represent- mining the maximum amounts of in- ative, APHIS representative, or accredited demnity they may receive.3 The meth- veterinarian attesting to the destruction of od chosen must be used for all animals the animal; (d) a written, sworn statement to be destroyed. Owners have the op- by the owner or caretaker of the animal at- tion of having an appraisal done prior testing to the destruction of the animal; (e) to choosing the method used. Apprais- a permit (VS Form 1±27) consigning the ani- als will be conducted by an inde- mal from a farm or livestock market di- pendent appraiser selected by the Ad- rectly to a recognized slaughtering establish- ment; or (f) in unique situations where the ministrator. The cost of the appraisals documents listed above are not available, will be borne by APHIS. other similarly reliable forms of proof of de- (A) Appraisal method. Each eligible struction. animal will be appraised to determine 151 VerDate 02<MAR>2000 20:00 Mar 06, 2000 Jkt 190025 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\190025T.XXX pfrm01 PsN: 190025T.
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