16 U.S.C. § 8203 — National Fish Habitat Board

submitted 6 years ago by Pub. L. 116-188 to r/title-16-CONSERVATION · 1,047 words · no verdicts yet

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This section creates the National Fish Habitat Board, a 28-member group that sets national fish habitat goals, recommends new partnerships to Congress, and reviews conservation projects. Members represent federal agencies, state and tribal groups, fishing industries, and other stakeholders, mostly serving three-year terms without pay. The Board must meet at least twice a year, its meetings are open to the public, and it needs a two-thirds vote to adopt recommendations.

(a) Establishment. (1) This section creates the National Fish Habitat Board, whose jobs are to (A) promote, oversee, and coordinate this chapter, (B) set national goals and priorities for fish habitat conservation, (C) recommend to Congress which groups should be designated as Partnerships, and (D) review and recommend fish habitat conservation projects. (2) The Board has 28 members: 2 from the Department of the Interior (including the Fish and Wildlife Service and the Bureau of Land Management); 1 from the U.S. Geological Survey; 1 from the Department of Commerce; 1 from the Department of Agriculture; 1 from the Association of Fish and Wildlife Agencies; 4 from state agencies (one nominated by a regional fish and wildlife group from each of the Northeast, Southeast, Midwest, and Western regions); 2 representing Indian Tribes (one from Alaska, one from elsewhere); 2 from Regional Fishery Management Councils or Marine Fisheries Commissions; 1 from the Sport Fishing and Boating Partnership Council; 7 spread across the recreational sportfishing industry, commercial fishing industry, marine anglers, freshwater anglers, habitat groups, and science-based fishery groups; 1 from a national landowner group; 1 from an agricultural group; 1 representing local government interests in habitat restoration; 2 from corporate industry sectors, which could include natural resource commodity interests, resource-user industries, or industries interested in fish habitat; and 1 private-sector leader or landowner from an active partnership. (3) Board members serve without pay. (4) Members may get travel expenses, including a daily allowance, at the standard federal employee rate, while away from home doing Board work. (b) Appointment and terms. (1) Members described in categories (F) through (O) above normally serve three-year terms. (2) The first Board is made up of the members in categories (A) through (F); within 60 days after October 30, 2020, those initial members must appoint the rest of the Board (categories H through O), and the Secretary must recommend at least three Tribal candidates from which the Board picks the Tribal representative in category (G). (3) Of the first members in category (J), two serve one-year terms, two serve two-year terms, and three serve three-year terms, so terms are staggered. (4) A vacancy among members in categories (H) through (O) is filled by the remaining Board members; a vacancy in the Tribal seat (category G) is filled from a new list of at least three Tribal candidates the Secretary recommends. (5) A member can keep serving after their term ends until someone replaces them. (6) If a member from categories (H) through (O) misses three Board meetings in a row, the Board can vote to remove them and appoint a replacement. (c) Chairperson. (1) The Association of Fish and Wildlife Agencies representative (category E) serves as Board Chairperson. (2) The Chairperson serves a three-year term. (d) Meetings. (1) The Board meets when the Chairperson calls a meeting, but at least twice a year. (2) All Board meetings are open to the public. (e) Procedures. (1) The Board must set its own procedures, including rules for (A) a quorum needed to do business, (B) requiring a two-thirds vote of members present to adopt any recommendation, (C) setting national fish habitat conservation goals and priorities, (D) designating Partnerships under section 8204, and (E) reviewing, evaluating, and recommending fish habitat conservation projects. (2) A majority of Board members counts as a quorum.

the actual law source: uscode.house.gov ↗public domain

(a) Establishment

(1) Fish Habitat Board

There is established a board, to be known as the “National Fish Habitat Board”, whose duties are—

(A)

to promote, oversee, and coordinate the implementation of this chapter;

(B)

to establish national goals and priorities for fish habitat conservation;

(C)

to recommend to Congress entities for designation as Partnerships; and

(D)

to review and make recommendations regarding fish habitat conservation projects.

(2) Membership

The Board shall be composed of 28 members, of whom—

(A)

2 shall be representatives of the Department of the Interior, including the United States Fish and Wildlife Service and the Bureau of Land Management;

(B)

1 shall be a representative of the United States Geological Survey;

(C)

1 shall be a representative of the Department of Commerce;

(D)

1 shall be a representative of the Department of Agriculture;

(E)

1 shall be a representative of the Association of Fish and Wildlife Agencies;

(F)

4 shall be representatives of State agencies, 1 of whom shall be nominated by a regional association of fish and wildlife agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States;

(G)

2 shall be representatives of Indian Tribes, of whom—

(i)

1 shall be a representative of Indian Tribes in the State of Alaska; and

(ii)

1 shall be a representative of Indian Tribes in States other than the State of Alaska;

(H)

2 shall be representatives of—

(i)

the Regional Fishery Management Councils established by section 1852(a)(1) of this title; or

(ii)

the Marine Fisheries Commissions;

(I)

1 shall be a representative of the Sport Fishing and Boating Partnership Council;

(J)

7 shall be representatives selected from at least one from each of the following:

(i)

the recreational sportfishing industry;

(ii)

the commercial fishing industry;

(iii)

marine recreational anglers;

(iv)

freshwater recreational anglers;

(v)

habitat conservation organizations; and

(vi)

science-based fishery organizations;

(K)

1 shall be a representative of a national private landowner organization;

(L)

1 shall be a representative of an agricultural production organization;

(M)

1 shall be a representative of local government interests involved in fish habitat restoration;

(N)

2 shall be representatives from different sectors of corporate industries, which may include—

(i)

natural resource commodity interests, such as petroleum or mineral extraction;

(ii)

natural resource user industries; and

(iii)

industries with an interest in fish and fish habitat conservation; and

(O)

1 shall be an individual in a leadership position in the private sector or landowner representative of an active partnership.

(3) Compensation

A member of the Board shall serve without compensation.

(4) Travel expenses

A member of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, while away from the home or regular place of business of the member in the performance of the duties of the Board.

(b) Appointment and terms

(1) In general

Except as otherwise provided in this section, a member of the Board described in any of subparagraphs (F) through (O) of subsection (a)(2) shall serve for a term of 3 years.

(2) Initial Board membership

(A) In general

The initial Board shall consist of representatives as described in subparagraphs (A) through (F) of subsection (a)(2).

(B) Remaining members

Not later than 60 days after October 30, 2020, the representatives of the initial Board under subparagraph (A) shall appoint the remaining members of the Board described in subparagraphs (H) through (O) of subsection (a)(2).

Not later than 60 days after October 30, 2020, the Secretary shall provide to the Board a recommendation of not fewer than three Tribal representatives, from which the Board shall appoint one representative pursuant to subparagraph (G) of subsection (a)(2).

(3) Staggered terms

Of the members described in subsection (a)(2)(J) initially appointed to the Board—

(A)

two shall be appointed for a term of 1 year;

(B)

two shall be appointed for a term of 2 years; and

(C)

three shall be appointed for a term of 3 years.

(4) Vacancies

(A) In general

A vacancy of a member of the Board described in subparagraph (H), (I), (J), (K), (L), (M), (N), or (O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the Board.

(B) Tribal representatives

Following a vacancy of a member of the Board described in subparagraph (G) of subsection (a)(2), the Secretary shall recommend to the Board a list of not fewer than three Tribal representatives, from which the remaining members of the Board shall appoint a representative to fill the vacancy.

(5) Continuation of service

An individual whose term of service as a member of the Board expires may continue to serve on the Board until a successor is appointed.

(6) Removal

If a member of the Board described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three consecutive regularly scheduled Board meetings, the members of the Board may—

(A)

vote to remove that member; and

(B)

appoint another individual in accordance with paragraph (4).

(1) In general

The representative of the Association of Fish and Wildlife Agencies appointed under subsection (a)(2)(E) shall serve as Chairperson of the Board.

(2) Term

The Chairperson of the Board shall serve for a term of 3 years.

(d) Meetings

(1) In general

The Board shall meet—

(A)

at the call of the Chairperson; but

(B)

not less frequently than twice each calendar year.

(2) Public access

All meetings of the Board shall be open to the public.

(e) Procedures

(1) In general

The Board shall establish procedures to carry out the business of the Board, including—

(A)

a requirement that a quorum of the members of the Board be present to transact business;

(B)

a requirement that no recommendations may be adopted by the Board, except by the vote of two-thirds of the members present;

(C)

procedures for establishing national goals and priorities for fish habitat conservation for the purposes of this chapter;

(D)

procedures for designating Partnerships under section 8204 of this title; and

(E)

procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation projects.

(2) Quorum

A majority of the members of the Board shall constitute a quorum.

Source credit: (Pub. L. 116–188, title II, § 203, Oct. 30, 2020, 134 Stat. 926; Pub. L. 118–198, title II, § 201, Dec. 23, 2024, 138 Stat. 2681.)

history & why it existsrecord from the source credit

2020Enacted · Pub. L. 116-188 · 134 Stat. 926
2024Amended · Pub. L. 118-198 · 138 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-188 on 2020-10-30.

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