
In a landmark conservation victory, the Pretoria High Court has issued a decisive ruling to safeguard the critically endangered African penguin, imposing a 10-year commercial fishing ban around six key breeding colonies. This ruling follows an out-of-court settlement between conservation groups, the fishing industry, and the Department of Forestry, Fisheries, and the Environment (DFFE).
The decision comes amid dire warnings from scientists that, at the current rate of decline, the African penguin could become extinct by 2035. With the population dwindling at nearly 8% per year, urgent action was necessary to curb the threats posed by overfishing and habitat destruction.
Key Highlights of the Court Order
1. Establishment of No-Fishing Zones
The ruling prohibits purse seine fishing vessels from catching sardines and anchovies, which are the primary food source for African penguins, within six major breeding sites:
- Dassen Island
- Robben Island (historically known as the site of Nelson Mandela’s imprisonment)
- Stony Point
- Dyer Island
- St Croix Island
- Bird Island
The restrictions are set to remain in effect until 2035, with a review scheduled in six years to assess their impact.
2. Urgency and Enforcement of the Ruling
- The DFFE has two weeks to implement the necessary permit conditions and ensure compliance with the newly established fishing exclusion zones.
- Conservation groups have committed to ongoing monitoring to ensure the effectiveness of the ban.
3. Conservationists Applaud ‘Historic Victory’
- BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) led the legal battle, arguing that government inaction had left the species at severe risk.
- Nicky Stander, Head of Conservation at SANCCOB, stated:
“This ruling is a critical milestone in our fight to save the African penguin. However, our work is far from over. The threats facing this species are complex and require continuous vigilance and enforcement.”
4. Fishing Industry Accepts ‘Middle Ground’ Decision
- The South African Pelagic Fishing Industry Association and the Eastern and Southern Cape Pelagic Association agreed to the compromise, though they rejected the claim that overfishing alone was responsible for the penguins’ decline.
- The industry emphasised the need for further research into other environmental factors, including:
- Climate change and warming ocean temperatures
- Noise pollution from maritime activities
- Predation and habitat loss
Why Are African Penguins at Risk?
The African penguin was classified as critically endangered by the International Union for Conservation of Nature (IUCN) in 2024, with 97% of the population already lost over the past century.
Primary Threats to the Species:
- Food Scarcity – Overfishing of sardines and anchovies has disrupted breeding cycles and increased chick mortality.
- Climate Change – Rising sea temperatures have altered fish migration patterns, pushing food sources further from breeding sites.
- Habitat Destruction – Coastal development and pollution threaten nesting grounds.
- Oil Spills & Marine Pollution – Frequent shipping accidents have devastated penguin colonies.
- Human Disturbance – Tourism, industrial noise, and predation from land animals continue to impact the population.
Population Decline
- 2018: 15,100 breeding pairs
- 2023: Fewer than 9,000 pairs
- 2035 Projection: Possible extinction without intervention
Next Steps: Monitoring & Long-Term Conservation Efforts
The South African government has pledged to:
- Strictly enforce the fishing ban within two weeks.
- Conduct research into additional conservation measures beyond fishing restrictions.
- Collaborate with scientists to determine long-term strategies for penguin protection.
Minister of Forestry, Fisheries, and the Environment, Dr. Dion George, hailed the decision as:
“A landmark agreement that demonstrates how conservation and industry can work together for a common cause.”
However, conservationists warn that additional measures—such as broader marine protection zones and sustainable fisheries management—may still be needed.
A Vital Step in the Fight to Save African Penguins
The court-mandated fishing ban represents a crucial turning point in efforts to halt the decline of the African penguin. While this ruling is a major win for conservation, it must be complemented by broader environmental protections to secure the long-term survival of one of Africa’s most iconic seabirds.
The next six years will be pivotal in determining whether these efforts succeed in stabilising the population and ensuring that future generations can continue to witness African penguins thriving along South Africa’s coasts.
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