Is the Recent News Really Positive for Algoa Bay's African Penguins?
- Dean Weiss
- Sep 7
- 5 min read
New rules have been introduced to oversee offshore ship-to-ship transfers of liquid cargo, such as chemicals, oil, petroleum products, and liquid natural gas, along with ship refueling. According to the environment department, these measures are designed to safeguard the critically endangered African penguin and other marine species.
The New Regulations
On 22 August 2025, Minister of Forestry, Fisheries and the Environment (DFFE) Dion George introduced new Ship-to-Ship Transfer Regulations due to ecological concerns. These regulations, limited to Algoa Bay, have sparked debate over their impact on ecosystems, particularly the endangered African Penguin. Despite opposition from conservation groups like BirdLife South Africa and SANCCOB, the regulations economically benefit fuel suppliers and shipping companies but pose environmental risks such as oil spills and noise pollution.
Issued under the National Environmental Management: Integrated Coastal Management Act, the regulations prohibit STS operations in protected areas and impose conditions on weather, pollution control, and wildlife monitoring. Specific restrictions in Algoa Bay aim to protect sensitive habitats, but exemptions and nighttime transfers increase risks. Operators must use hydrophone systems and report wildlife sightings, with immediate response plans for affected animals.
Minister George highlighted penalties for failing to comply, including fines reaching R2 million and potential imprisonment. The regulations establish standards to protect the oceans and ensure the future of the African Penguin, guaranteeing that maritime activities are carried out safely and responsibly.
Are the new regulations sufficient?
Minister George's event on the SA Agulhas II, intended to highlight African penguin conservation, shifted focus to signing new ship-to-ship bunkering regulations criticised for not protecting the endangered penguins and marine life. George inaccurately claimed the St Croix Island penguin colony is the world's largest, overlooking its decline since bunkering began. The event, meant to celebrate conservation partnerships, seemed to attendees like a promotion for the contentious regulations.
Decline in St Croix Penguin Population
Studies indicate a link between ship-to-ship transfers and the declining penguin population on St Croix. BirdLife South Africa and SANCCOB emphasise the negative impact of noise and vibrations from offshore refueling as large ships enter the bay. Research is focused on understanding underwater noise propagation. The precautionary principle from the National Environmental Management Act should be applied to bunkering in Algoa Bay. The DFFE stated that regulations were revised after public feedback and discussions with maritime authorities to balance environmental protection and economic development.
Scientific facts contradict Minister's 'lifeline' assertion
George implemented regulations to support the African penguin by creating no-go zones around breeding colonies, following an agreement between conservation NGOs and the fishing industry. This initiative aims to increase food availability and address the species' decline. However, Algoa Bay was excluded from offshore bunkering prohibitions, potentially discouraging penguins despite reduced fishing. Critics, including Pichegru and McInnes, argued the regulations were ineffective, citing an 85% decline in the colony since bunkering began. Increased ship traffic and noise were linked to the colony's collapse, prompting calls to pause bunkering to protect this biodiversity hotspot.
The views of BirdLife So+uth Africa and SANCCOB
BirdLife South Africa and SANCCOB oppose bunkering in Algoa Bay. They note that vessel noise correlates with declining penguin populations, which improved when bunkering stopped in 2024 but worsened when it resumed. The regulations establish prohibited zones and require wildlife monitoring and response plans, but BirdLife South Africa and SANCCOB argue they are more lenient than before, exempting Algoa Bay from some prohibitions and lacking noise mitigation measures. The organisations call for a ban on bunkering to protect the St Croix Island penguin colony and urge the government to use emergency powers to mitigate harm. They stress that no-fishing zones around breeding colonies will be ineffective unless bunkering impacts are addressed.
The views of Professor Pichegru
Professor Lorien Pichegru from Nelson Mandela University shared her disappointment regarding an event intended to celebrate contributions to fishing exclusions and the Biodiversity Management Plan. Instead, the minister used the occasion to approve contentious ship-to-ship bunkering regulations. Conservationists are against these regulations because they negatively affect the St Croix African penguin colony, as bunkering is associated with oil spills and noise, which exacerbate the decline of the endangered penguins. CEOs and scientists from BirdLife South Africa and SANCCOB, present at the event, were unaware of the minister's plans, despite raising concerns during the draft regulations' comment period. Pichegru was "flabbergasted" by the final regulations that ignored crucial feedback from her department, a sentiment shared by BirdLife South Africa, SANCCOB, and the Biodiversity Law Centre. Alistair McInnes from BirdLife South Africa's Seabird Conservation Programme expressed surprise at the signing of these regulations, despite their opposition communicated to the DFFE and the minister. The event, meant to honour their efforts, felt disrespectful as comments, affecting penguins, were ignored. Both BirdLife South Africa and SANCCOB questioned the effectiveness of the regulations.
The views of Kate Handley
Kate Handley, environmental attorney and executive director of the Biodiversity Law Centre, expressed criticism over the disregard of feedback from her organisation and others concerning regulations under section 83(1) of the National Environmental Management Act.Integrated Coastal Management Act. Despite an Environmental Risk Assessment advising against bunkering in Anchorage 2 due to environmental sensitivity, it continues in both Anchorage 1 and 2. Handley questioned the economic justification for this harmful activity, highlighting Algoa Bay's unique biodiversity. The revised ship-to-ship transfer regulations, published in February 2025, are more lenient than the original. She criticised the removal of a noise mitigation clause due to cost concerns, while the DFFE claimed the changes were necessary for legal compliance.
Inadequate regulations for safeguarding African Penguins
Conservation groups are concerned about new regulations for Algoa Bay, South Africa's only offshore bunkering site. Although the regulations ban operations near Marine Protected Areas and within three nautical miles of the high-water mark, Algoa Bay is exempt, undermining their intent. The DFFE considered existing operations to avoid industry disruption, focusing on limiting activities during peak breeding seasons. Nighttime bunkering is hazardous because of previous oil spills; however, the DFFE mandates an approved response plan. The regulations include pollution prevention measures similar to the Samsa Bunkering Code, with noise mitigation addressed through a ship-to-ship management plan.
Demands for genuine transformation
Dr. Kirsten Day from BirdLife South Africa noted that although regulations are signed, they are not yet gazetted, allowing for urgent discussions before publication. Environmental groups urge the reinstatement of the Offshore Bunkering Environmental Working Group, inactive due to a SA Revenue Service moratorium after vessel seizures in Algoa Bay in late 2023 over fuel movement regulation disputes. Conservationists stress the need for alternative management strategies to protect African penguins, as bunkering impacts could counteract conservation efforts like no-go fishing zones.
The Final Word
The new regulations introduced by Environmental Minister George will negatively affect the African Penguins in Algoa Bay, as he prioritises economic development over the welfare of these penguins.
Shocking decision