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 author-
ity of such Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Michigan Sturgeon 
Protected and Exempt from Absurd Regulations Act’’ or 
as the ‘‘Michigan SPEAR Act’’. 
SEC. 2. EXCLUSION OF CERTAIN POPULATIONS OF LAKE 
STURGEON UNDER ENDANGERED SPECIES 
ACT OF 1973. 
(a) FINDINGS.—Congress finds the following: 
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(1) The lake sturgeon (Acipenser fulvescens) 
has a unique significance for the culture, commu-
nities, and people of Michigan, and especially for 
those near Black Lake in Northern Michigan. 
(2) Conservation of sturgeon in Michigan has 
been a tremendous success story, with the popu-
lation of adult lake sturgeon statewide rapidly in-
creasing and more than doubling in the last 20 years 
in Black Lake. 
(3) The Bay Mills Indian Community, Grand 
Traverse Band of Ottawa and Chippewa Indians, 
Little River Band of Ottawa Indians, Little Traverse 
Bay Band of Odawa Indians, and the Sault Ste. 
Marie Tribe of Chippewa Indians have deep cultural 
ties and treaty-protected rights to sturgeon fishing, 
and have been strong partners in co-management of 
sturgeon populations with the State of Michigan. 
(4) Local anglers play a key role in lake stur-
geon conservation in Michigan, including hundreds 
of volunteers in the ‘‘Sturgeon Guard’’ patrolling 
spawning areas to ward off poachers each year. 
(5) The spearing season is a cultural event in 
Northern Michigan, with hundreds of anglers and 
other visitors attending the ‘‘Black Lake Sturgeon 
Shivaree’’ to celebrate and raise money for lake stur-
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geon recovery, protection, hatcheries, research, habi-
tat conservation, and outreach programs. 
(6) 
Upending 
this 
longstanding 
tradition 
through a Federal Endangered Species Act designa-
tion is unnecessary given the success of current 
management in Michigan, will greatly diminish the 
local buy-in for conservation efforts, and will sever 
an important cultural mainstay for both State and 
tribal communities. 
(b) EXCLUSION FROM LISTING.—Section 4(a) of the 
Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is 
amended— 
(1) in paragraph (1), by striking ‘‘The Sec-
retary shall by regulation’’ and inserting ‘‘Except as 
provided in paragraph (4), the Secretary shall by 
regulation’’; and 
(2) by adding at the end the following: 
‘‘(4) APPLICABILITY TO LAKE STURGEON.—The Sec-
retary may not make a determination under this sub-
section that any population of the lake sturgeon (Acipenser 
fulvescens) in Michigan is threatened or endangered.’’. 
Æ 
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