§ 1437.303 Aquaculture, including ornamental fish.

(a) Aquaculture is a value loss crop and will have NAP assistance calculated only in accord with restrictions set in this section. Eligible aquacultural species only include: (1) Any species of aquatic organisms grown as food for human consumption as determined by CCC. (2) Fish raised as feed for other fish that are consumed by humans; and (3) Ornamental fish propagated and reared in an aquatic medium. (b) The aquacultural facility must be: (1) A commercial enterprise on private property; (2) Owned or leased by the producer, with readily identifiable boundaries; and (3) Managed and maintained using good aquacultural growing practices. (c) Producers must: (1) Ensure adequate and proper flood prevention, growing medium, fertilization or feeding, irrigation and water quality, predator control, and disease control; and (2) Have control of the waterbed. (d) Eligible aquacultural species must be: (1) Placed in the facility and not be indigenous to the facility; and (2) Kept in a controlled environment; and (3) Planted or seeded in containers, wire baskets, net pens, on ropes, or similar device designed for the protection and containment of the seeded aquacultural species. (e) For mollusks that are not planted or seeded in containers, net pens, on ropes, wire baskets, or similar device designed for the containment and protection of the mollusks, the only eligible cause of loss of mollusks or missing mollusk inventory will be a direct result of a National Oceanic and Atmospheric Administration-determined tropical storm, typhoon, or hurricane. (f) In the crop year in which a notice of loss is filed, producers may be required, at the discretion of CCC, to provide evidence that the aquacultural species are produced in a facility in accordance with paragraphs (b), (c) and (d) of this section. (g) If all other eligibility provisions of this part are determined by FSA to be satisfied, assistance will be provided to producers for eligible NAP aquaculture crop losses that are the direct result of drought.