SPEAR Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7037 Introduced in House (IH)]

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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.


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                    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

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                                 A BILL


 
    To amend the Endangered Species Act of 1973 to exclude certain 
    populations of the lake sturgeon from the authority of such Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sturgeon Protected and Exempt from 
Absurd Regulations Act'' or the ``SPEAR Act''.

SEC. 2. EXCLUSION OF CERTAIN POPULATIONS OF LAKE STURGEON UNDER 
              ENDANGERED SPECIES ACT OF 1973.

    (a) Findings.--Congress finds the following:
            (1) The lake sturgeon (Acipenser fulvescens) holds a 
        special place in the cultural fabric of Wisconsin, especially 
        for the communities located on Lake Winnebago and the Winnebago 
        System.
            (2) Through the staunch dedication and close public-private 
        collaboration of the Wisconsin Department of Natural Resources, 
        Sturgeon for Tomorrow, the Sturgeon Advisory Committee, the 
        Sturgeon Guard, and local fishing, sportsmen, and conservation 
        groups, Wisconsin has become the global leader in lake sturgeon 
        management.
            (3) As a result of these efforts and the development and 
        implementation of a comprehensive management plan, the Lake 
        Winnebago system is home to a thriving lake sturgeon 
        population, one of the largest in North America, and the most 
        successful sustainable sturgeon fisheries in the world.
            (4) An integral component of this management plan is the 
        annual sturgeon spearing season that is meticulously managed 
        and provides the data necessary, along with data from detailed 
        spawning assessments, to maintain an accurate account of 
        population levels needed and allowable maximum harvest rates to 
        ensure the health and sustainability of the species.
            (5) Mandatory registration stations are established to 
        collect detailed data on the length, weight, sex, and tag 
        status of each harvested fish and ensure strict seasonal 
        harvest caps are followed.
            (6) The spearing season has grown into a unique cultural 
        event filled with strong traditions and community ties, drawing 
        participants from throughout Wisconsin and many other States, 
        and is crucial to the livelihoods of local communities and 
        small businesses near the Winnebago System who rely on the 
        annual season.
            (7) It is vital that this long-standing and cherished 
        tradition be protected and that Wisconsin is allowed to 
        continue its successful Winnebago System and statewide 
        management of lake sturgeon.
    (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 Secretary 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 Secretary may not make a 
determination under this subsection that any population of the lake 
sturgeon (Acipenser fulvescens) in Wisconsin is threatened or 
endangered.''.
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