Michigan SPEAR Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7817 Introduced in House (IH)]

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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.


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                    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.

    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 ``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:
            (1) The lake sturgeon (Acipenser fulvescens) has a unique 
        significance for the culture, communities, 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 population of adult lake 
        sturgeon statewide rapidly increasing 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 sturgeon 
        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 sturgeon recovery, protection, hatcheries, 
        research, habitat conservation, and outreach programs.
            (6) Upending this longstanding tradition through a Federal 
        Endangered Species Act designation 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 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 Michigan is threatened or 
endangered.''.
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