I 

118TH CONGRESS 

2D SESSION H. R. 7037 

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 

JANUARY 18, 2024 

Mr. GALLAGHER (for himself and Mr. GROTHMAN) 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 ‘‘Sturgeon Protected 

5 and Exempt from Absurd Regulations Act’’ or the 

6 ‘‘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: 


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1 (1) The lake sturgeon (Acipenser fulvescens) 

2 holds a special place in the cultural fabric of Wis3 consin, especially for the communities located on 

4 Lake Winnebago and the Winnebago System. 

5 (2) Through the staunch dedication and close 

6 public-private collaboration of the Wisconsin Depart7 ment of Natural Resources, Sturgeon for Tomorrow, 

8 the Sturgeon Advisory Committee, the Sturgeon 

9 Guard, and local fishing, sportsmen, and conserva10 tion groups, Wisconsin has become the global leader 

11 in lake sturgeon management. 

12 (3) As a result of these efforts and the develop13 ment and implementation of a comprehensive man14 agement plan, the Lake Winnebago system is home 

15 to a thriving lake sturgeon population, one of the 

16 largest in North America, and the most successful 

17 sustainable sturgeon fisheries in the world. 

18 (4) An integral component of this management 

19 plan is the annual sturgeon spearing season that is 

20 meticulously managed and provides the data nec21 essary, along with data from detailed spawning as22 sessments, to maintain an accurate account of popu23 lation levels needed and allowable maximum harvest 

24 rates to ensure the health and sustainability of the 

25 species. 


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1 (5) Mandatory registration stations are estab2 lished to collect detailed data on the length, weight, 

3 sex, and tag status of each harvested fish and en4 sure strict seasonal harvest caps are followed. 

5 (6) The spearing season has grown into a 

6 unique cultural event filled with strong traditions 

7 and community ties, drawing participants from 

8 throughout Wisconsin and many other States, and is 

9 crucial to the livelihoods of local communities and 

10 small businesses near the Winnebago System who 

11 rely on the annual season. 

12 (7) It is vital that this long-standing and cher13 ished tradition be protected and that Wisconsin is 

14 allowed to continue its successful Winnebago System 

15 and statewide management of lake sturgeon. 

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

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

18 amended— 

19 (1) in paragraph (1), by striking ‘‘The Sec20 retary shall by regulation’’ and inserting ‘‘Except as 

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

22 regulation’’; and 

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

24 ‘‘(4) APPLICABILITY TO LAKE STURGEON.—The Sec25 retary may not make a determination under this subVerDate Sep 11 2014 02:45 Feb 02, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7037.IH H7037

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1 section that any population of the lake sturgeon 

2 (Acipenser fulvescens) in Wisconsin is threatened or en3 dangered.’’. 

Æ 


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