Project 2025 Tracker / What’s done, what’s next

21. Department of Commerce · Notable

Exempt fisheries actions from NEPA

Attempted

Printed page 676 21. Department of Commerce

“Allow a NEPA Exemption for Fisheries Actions. … NEPA overlays these requirements with onerous, redundant, and time-consuming process requirements, which routinely cause unnecessary delays in the promulgation of timely fisheries management actions. The Department of Commerce and the Council on Environmental Quality should collaborate to reduce this redundancy.”

What has happened

  1. Attempted

    Commerce updated Departmental Administrative Order 216-6, its NEPA implementing order, and NOAA proposed new categorical exclusions in the same Federal Register document — including 'A1: A fishery management action' and 'A3: Temporary fishery closures or extensions of closures under the Magnuson-Stevens Fishery Conservation and Management Act'. That is the Department and CEQ route the Quote asks for and it covers fisheries actions specifically, but the exclusions were only proposed: no final notice adopting them had published by 2026-08-31, so no fisheries action is yet exempt.

Research log

What was searched, and what didn’t count as evidence

Research notes

The operative text was read at https://www.govinfo.gov/content/pkg/FR-2025-07-01/html/2025-12272.htm; the proposed categorical exclusions A1 and A3 are at lines 273 and 284 of the extracted text.

Sequence check: the only follow-on in the record is a correction (FR 2025-14110, 2025-07-28). A Federal Register search restricted to the Commerce Department slug for "categorical exclusions" since 2025-07-01 returns six documents, four of them ESA rules; no final CE notice. Hence attempted rather than partial.

The upstream instrument is the same one Chapter 2’s #86 turns on — CEQ’s removal of its own NEPA regulations (FR 2025-03014, 2026-00178), which is what freed agencies to write their own procedures. Commerce used that freedom here.

Action
eliminate
Object
NEPA review requirements for fisheries actions
ID
1877