---
kind: "section"
citation: "16 U.S.C. § 8203"
title: "16"
title_heading: "Conservation"
number: "8203"
heading: "National Fish Habitat Board"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/8203"
units:
  - "Chapter 101 — National Fish Habitat Conservation Through Partnerships"
---

# §8203. National Fish Habitat Board

- (a) **Establishment—**
  - (1) **Fish Habitat Board—** There is established a [board](/usc/16/8202.md?p=2), to be known as the “National Fish Habitat [Board](/usc/16/8202.md?p=2)”, 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](/usc/16/8202.md?p=7); and
    - (D) to review and make recommendations regarding fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4).
  - (2) **Membership—** The [Board](/usc/16/8202.md?p=2) 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](/usc/16/3102.md?p=17) 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](/usc/16/3102.md?p=17) Agencies;
    - (F) 4 shall be representatives of [State agencies](/usc/16/8202.md?p=12), 1 of whom shall be nominated by a regional association of [fish and wildlife](/usc/16/3102.md?p=17) agencies from each of the Northeast, Southeast, Midwest, and Western regions of the United States;
    - (G) 2 shall be representatives of [Indian Tribes](/usc/16/544.md?p=g), of whom—
      - (i) 1 shall be a representative of [Indian Tribes](/usc/16/544.md?p=g) in the [State](/usc/16/8202.md?p=11) of Alaska; and
      - (ii) 1 shall be a representative of [Indian Tribes](/usc/16/544.md?p=g) in [States](/usc/16/544.md?p=r) other than the [State](/usc/16/8202.md?p=11) of Alaska;
    - (H) 2 shall be representatives of—
      - (i) the Regional Fishery Management Councils established by [section 1852(a)(1) of this title](/usc/16/1852.md?p=a-1); or
      - (ii) the [Marine Fisheries Commissions](/usc/16/8202.md?p=9);
    - (I) 1 shall be a representative of the Sport Fishing and Boating [Partnership](/usc/16/8202.md?p=7) 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](/usc/16/8202.md?p=7).
  - (3) **Compensation—** A member of the [Board](/usc/16/8202.md?p=2) shall serve without compensation.
  - (4) **Travel expenses—** A member of the [Board](/usc/16/8202.md?p=2) 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](/usc/5/chptIII/sptD/ch57.md) 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](/usc/16/8202.md?p=2).
- (b) **Appointment and terms—**
  - (1) **In general—** Except as otherwise provided in this section, a member of the [Board](/usc/16/8202.md?p=2) described in any of subparagraphs [(F)](#a-2-F) through [(O)](#a-2-O) of subsection (a)(2) shall serve for a term of 3 years.
  - (2) **Initial Board membership—**
    - (A) **In general—** The initial [Board](/usc/16/8202.md?p=2) shall consist of representatives as described in subparagraphs [(A)](#a-2-A) through [(F)](#a-2-F) of subsection (a)(2).
    - (B) **Remaining members—** Not later than 60 days after October 30, 2020, the representatives of the initial [Board](/usc/16/8202.md?p=2) under [subparagraph (A)](#b-2-A) shall appoint the remaining members of the [Board](/usc/16/8202.md?p=2) described in subparagraphs [(H)](#a-2-H) through [(O)](#a-2-O) of subsection (a)(2).
    - (C) **Tribal representatives—** Not later than 60 days after October 30, 2020, the [Secretary](/usc/16/8202.md?p=10) shall provide to the [Board](/usc/16/8202.md?p=2) a recommendation of not fewer than three Tribal representatives, from which the [Board](/usc/16/8202.md?p=2) shall appoint one representative pursuant to [subparagraph (G)](#a-2-G) of subsection (a)(2).
  - (3) **Staggered terms—** Of the members described in [subsection (a)(2)(J)](#a-2-J) initially appointed to the [Board](/usc/16/8202.md?p=2)—
    - (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](/usc/16/8202.md?p=2) described in subparagraph [(H)](#a-2-H), [(I)](#a-2-I), [(J)](#a-2-J), [(K)](#a-2-K), [(L)](#a-2-L), [(M)](#a-2-M), [(N)](#a-2-N), or [(O)](#a-2-O) of subsection (a)(2) shall be filled by an appointment made by the remaining members of the [Board](/usc/16/8202.md?p=2).
    - (B) **Tribal representatives—** Following a vacancy of a member of the [Board](/usc/16/8202.md?p=2) described in [subparagraph (G)](#a-2-G) of subsection (a)(2), the [Secretary](/usc/16/8202.md?p=10) shall recommend to the [Board](/usc/16/8202.md?p=2) a list of not fewer than three Tribal representatives, from which the remaining members of the [Board](/usc/16/8202.md?p=2) shall appoint a representative to fill the vacancy.
  - (5) **Continuation of service—** An individual whose term of service as a member of the [Board](/usc/16/8202.md?p=2) expires may continue to serve on the [Board](/usc/16/8202.md?p=2) until a successor is appointed.
  - (6) **Removal—** If a member of the [Board](/usc/16/8202.md?p=2) described in any of subparagraphs (H) through (O) of subparagraph (a)(2) misses three consecutive regularly scheduled [Board](/usc/16/8202.md?p=2) meetings, the members of the [Board](/usc/16/8202.md?p=2) may—
    - (A) vote to remove that member; and
    - (B) appoint another individual in accordance with [paragraph (4)](#b-4).
- (c) **Chairperson—**
  - (1) **In general—** The representative of the Association of [Fish and Wildlife](/usc/16/3102.md?p=17) Agencies appointed under [subsection (a)(2)(E)](#a-2-E) shall serve as Chairperson of the [Board](/usc/16/8202.md?p=2).
  - (2) **Term—** The Chairperson of the [Board](/usc/16/8202.md?p=2) shall serve for a term of 3 years.
- (d) **Meetings—**
  - (1) **In general—** The [Board](/usc/16/8202.md?p=2) 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](/usc/16/8202.md?p=2) shall be open to the public.
- (e) **Procedures—**
  - (1) **In general—** The [Board](/usc/16/8202.md?p=2) shall establish procedures to carry out the business of the [Board](/usc/16/8202.md?p=2), including—
    - (A) a requirement that a quorum of the members of the [Board](/usc/16/8202.md?p=2) be present to transact business;
    - (B) a requirement that no recommendations may be adopted by the [Board](/usc/16/8202.md?p=2), 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](/usc/16/8202.md?p=7) under [section 8204 of this title](/usc/16/8204.md); and
    - (E) procedures for reviewing, evaluating, and making recommendations regarding fish habitat conservation [projects](/usc/16/410r–5.md?p=c-4).
  - (2) **Quorum—** A majority of the members of the [Board](/usc/16/8202.md?p=2) 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.)

## Notes

### Editorial Notes

### Amendments

2024—Subsec. (a)(2). Pub. L. 118–198, § 201(1)(A), substituted “28 members” for “26 members” in introductory provisions.

Subsec. (a)(2)(A). Pub. L. 118–198, § 201(1)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “1 shall be a representative of the Department of the Interior;”.

Subsec. (a)(2)(G), (H). Pub. L. 118–198, § 201(1)(C), added subpars. (G) and (H) and struck out former subpars. (G) and (H) which read as follows:

“(G) 2 shall be representatives of either—

“(i) Indian Tribes in the State of Alaska; or

“(ii) Indian Tribes in States other than the State of Alaska;

“(H) 1 shall be a representative of either—

“(i) the Regional Fishery Management Councils established under section 1852 of this title; or

“(ii) a representative of the Marine Fisheries Commissions;”.

Subsec. (e)(1)(B). Pub. L. 118–198, § 201(2), substituted “the members present” for “all members”.