I 

118TH CONGRESS 

2D SESSION H. R. 7817 

To amend the Endangered Species Act of 1973 to exclude certain populations 

of the lake sturgeon from the authority of such Act. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2024 

Mr. BERGMAN (for himself and Mr. MOOLENAAR) introduced the following 

bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Endangered Species Act of 1973 to exclude 

certain populations of the lake sturgeon from the authority of such Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Michigan Sturgeon 

5 Protected and Exempt from Absurd Regulations Act’’ or 

6 as the ‘‘Michigan SPEAR Act’’. 

7 SEC. 2. EXCLUSION OF CERTAIN POPULATIONS OF LAKE 

8 STURGEON UNDER ENDANGERED SPECIES 

9 ACT OF 1973. 

10 (a) FINDINGS.—Congress finds the following: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 7817 IH

1 (1) The lake sturgeon (Acipenser fulvescens) 

2 has a unique significance for the culture, commu3 nities, and people of Michigan, and especially for 

4 those near Black Lake in Northern Michigan. 

5 (2) Conservation of sturgeon in Michigan has 

6 been a tremendous success story, with the popu7 lation of adult lake sturgeon statewide rapidly in8 creasing and more than doubling in the last 20 years 

9 in Black Lake. 

10 (3) The Bay Mills Indian Community, Grand 

11 Traverse Band of Ottawa and Chippewa Indians, 

12 Little River Band of Ottawa Indians, Little Traverse 

13 Bay Band of Odawa Indians, and the Sault Ste. 

14 Marie Tribe of Chippewa Indians have deep cultural 

15 ties and treaty-protected rights to sturgeon fishing, 

16 and have been strong partners in co-management of 

17 sturgeon populations with the State of Michigan. 

18 (4) Local anglers play a key role in lake stur19 geon conservation in Michigan, including hundreds 

20 of volunteers in the ‘‘Sturgeon Guard’’ patrolling 

21 spawning areas to ward off poachers each year. 

22 (5) The spearing season is a cultural event in 

23 Northern Michigan, with hundreds of anglers and 

24 other visitors attending the ‘‘Black Lake Sturgeon 

25 Shivaree’’ to celebrate and raise money for lake sturVerDate Sep 11 2014 22:41 Apr 12, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7817.IH H7817

ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 7817 IH

1 geon recovery, protection, hatcheries, research, habi2 tat conservation, and outreach programs. 

3 (6) Upending this longstanding tradition 

4 through a Federal Endangered Species Act designa5 tion is unnecessary given the success of current 

6 management in Michigan, will greatly diminish the 

7 local buy-in for conservation efforts, and will sever 

8 an important cultural mainstay for both State and 

9 tribal communities. 

10 (b) EXCLUSION FROM LISTING.—Section 4(a) of the 

11 Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is 

12 amended— 

13 (1) in paragraph (1), by striking ‘‘The Sec14 retary shall by regulation’’ and inserting ‘‘Except as 

15 provided in paragraph (4), the Secretary shall by 

16 regulation’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(4) APPLICABILITY TO LAKE STURGEON.—The Sec19 retary may not make a determination under this sub20 section that any population of the lake sturgeon (Acipenser 

21 fulvescens) in Michigan is threatened or endangered.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS