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Daily Maverick
10-07-2025
- Politics
- Daily Maverick
New regulations gazetted to shield fragile marine ecosystems from oil spill risks in SA
The government has released stricter draft regulations on offshore ship-to-ship transfers in an attempt to protect South Africa's fragile marine ecosystems. Forestry, Fisheries and the Environment Minister Dion George has now gazetted new draft regulations to manage offshore ship-to-ship transfers, including bunkering, to mitigate environmental impacts on the coastal environment. This is the second iteration of the draft regulations for the environmental management of offshore ship-to-ship transfer and was gazetted on Friday, 4 July 2025, for a 30-day public comment period (until 3 August 2025). This follows a previous iteration and public consultation. The regulations introduce stricter controls, particularly in ecologically sensitive areas like Algoa Bay, to protect critically endangered species such as the African Penguin. Daily Maverick previously reported on concerns raised about the initial draft, particularly from environmental groups like the Biodiversity Law Centre (BLC). Ship-to-ship bunkering, included in ship-to-ship transfers, is a process of refuelling ships at sea, avoiding port levies and securing a faster turnaround time, but more significantly, and as said by the Southern African Foundation for the Conservation of Coastal Birds (Sanccob): 'It is a process that is effectively eradicating a variety of endangered species inhabiting Algoa Bay.' Announcing the gazette of the new draft regulations, the Department of Forestry, Fisheries and the Environment said that this was part of the minister's 'steadfast commitment' to safeguarding South Africa's marine biodiversity, and especially the critically endangered African penguin. For years, the practice of offshore bunkering in South African waters has been a flashpoint of environmental concern. The refuelling of ships at sea has been intrinsically linked to a disturbing rise in oil spills, increased vessel noise, and a catastrophic decline in African penguin populations, especially in Algoa Bay. One of the core debates has been around the fact that ship-to-ship bunkering was not specifically listed under the Environmental Impact Assessment regulations of the National Environmental Management Act of 1998. This omission meant that approvals could be granted without a thorough assessment of direct, indirect, or cumulative impacts, effectively sidelining crucial stakeholder input. The Biodiversity Law Centre had consistently advocated for the urgent inclusion of bunkering within the environmental regulatory framework, noting that four significant oil spills since 2016 had severely affected seabirds, and that the once-largest African penguin breeding colony on St Croix Island in Algoa Bay had plummeted by approximately 85% since 2016 — with the sharp decline directly linked to ship-to-ship bunkering activities in the area. From the four oil spills since 2016, 260 endangered African penguins and other marine species were affected, according to George. Sanccob has also argued that ship-to-ship bunkering comes with 'a vortex of destructive consequences' for marine life in Algoa Bay. This is the only area where the practice is permitted by the Transnet National Ports Authority. 'Ship-to-ship bunkering is synonymous with underwater noise pollution, oil pollution, and increased vessel traffic in an area once home to the largest breeding colony of African penguins on St Croix Island,' said Sanccob. In a statement announcing the second iteration of draft regulations, George said: 'The African penguin is an iconic species, and its survival is non-negotiable. These draft regulations represent a critical step in balancing environmental protection with sustainable maritime activities, ensuring our marine ecosystems thrive for future generations.' Recent oil spill in the Eastern Cape Just last week, several African penguin fledglings were recovered, covered in oil, from the Garden Route to Jeffrey's Bay in the Eastern Cape. According to Sanccob, three penguins were rescued by the Seabird and Penguin Rehabilitation Centre, Tenikwa, and CapeNature, while a fourth was rescued in Jeffrey's Bay by a Sanccob first responder and taken to Sanccob Gqeberha. Suspected oil globs were also observed near Cape St Francis, and the South African Maritime Safety Authority and the Department of Forestry, Fisheries and the Environment were notified. Sanccob said that the source of the pollution was still unknown, with no official oil spill reported. But they said that this incident underscored the significant deficiency in South Africa's maritime pollution monitoring, leading to reactive rather than proactive response efforts and potentially allowing polluters to go undetected. 'African penguins are often the first indicators of a marine pollution event. Their inability to fly and diving behaviour make them especially vulnerable to oil contamination. As a Critically Endangered species, any pollution event — no matter how small — continues to pose a serious threat,' said Sanccob in response to this incident. Key provisions and amendments in the new draft regulations George said that the primary objective of this new legislation was to ensure that the actual and potential environmental impacts of offshore ship-to-ship transfers were effectively mitigated and avoided, or, where avoidance was not possible, minimised and remedied. To do this, the updated draft regulations introduce several critical provisions and amendments from their first iteration, reflecting consultations with stakeholders including the South African Maritime Safety Authority, Transnet National Ports Authority, the Department of Transport, and South African National Parks (SANParks). Below are some of the key provisions and amendments: A notable change is the renaming of the regulations from 'bunkering' to 'ship-to-ship transfer', which clarifies the broad scope of activities covered, including the transfer of various liquid bulk cargoes such as chemicals, oil, petroleum products, and liquified natural gas, in addition to fuel. The regulations also explicitly state that they bind all persons and organs of state, ensuring universal compliance. To protect ecologically sensitive areas, the regulations introduce strict prohibitions. No ship-to-ship transfer is permitted within marine protected areas, five nautical miles of a marine protected area's boundary, five nautical miles of an aquaculture development zone, or within three nautical miles of the high-water mark. According to the gazette, critical biodiversity areas were removed from the prohibitions due to a lack of legislative clarity and objective determination — the focus is on clearly defined exclusion zones. When it comes to Algoa Bay, the regulations permit continued operations but with more stringent controls. A cap of three operators and six ship-to-ship transfer tankers is imposed, along with restrictions during the African penguin breeding season (April 1 to August 31) in Anchorage Area 2, which is closest to the breeding colonies. New draft regulations have been gazetted to manage offshore ship-to-ship transfers, including bunkering, to mitigate environmental impacts on the coastal environment. This means that now, authorised ship-to-ship transfer operators in Algoa Bay may only operate within anchorage areas 1 and 2 as detailed in this map. (Source: Forestry, Fisheries & The Enviroment) The outright ban on nighttime bunkering has also been adjusted in the regulations. Nighttime operations are now allowed under stringent conditions, requiring approval from the South African Maritime Safety Authority for the operator's ability to detect, manage, and respond to spills at night, including a nighttime emergency spill response drill, and an approved nighttime spill detection and recovery plan as part of the Ship-to-Ship Environmental Management Plan. The regulations also mandate a constant watch for marine mammals and penguins 30 minutes prior to and during ship-to-ship transfer. They require the installation of active hydrophone systems with live streaming capabilities to detect marine mammals within 500m of the operation. Operations must cease if a marine mammal or penguin is sighted or detected within 500m of the site. Operators are also required to immediately report injured, deceased, entangled, oiled, or disorientated marine wildlife and are responsible for collecting and transporting oiled wildlife to authorised facilities. To prevent spills, operators must use drip trays, implement leak detection and repair programmes, use low-toxicity biodegradable detergents for cleaning, and deploy inflatable curtain booms. An oil spill response vessel must be on standby within 30 minutes of an incident, rather than requiring it to be on-site at all times, balancing safety with operational practicality. Last, but not at all least, is that Ship-to-Ship Environmental Management Plans must be developed by independent specialists and approved by the minister within 90 days. These Environmental Management Plans must include: Site-specific environmental and ecological risk identification and mitigation measures. A wildlife preparedness and response strategy based on international guidelines. A comprehensive contingency plan, including risk assessment of spills, operational protocols, and details of spill response vessels and personnel. Underwater noise mitigation and management measures. Emergency response procedures for collisions or entanglements involving marine life. A monitoring programme for surface currents, oil spills, noise, and impacts on marine life. All crew members involved in ship-to-ship transfer must also undergo environmental awareness training, covering marine wildlife awareness and avoidance, understanding environmental impacts and mitigation measures, and emergency preparedness. While the new regulations demonstrate progress, certain concerns raised by environmental groups like the Biodiversity Law Centre persist. The centre continues to advocate for offshore bunkering to be listed as an activity requiring a full Environmental Impact Assessment under the National Environmental Management Act, which would necessitate public participation before authorisation. These new draft regulations, though seemingly technical, carry implications for everyone, directly affecting the environment, the economy, and the quality of life along the nation's vast coastline. Comments on the new draft regulations can be mailed to [email protected] with more information on the department's website. DM
Mail & Guardian
23-06-2025
- Politics
- Mail & Guardian
Environment minister reflects on his – and the GNU's – first year in office
Minister Dion George. (Photo: Environmentza/X) When George, who was sworn into office on 3 July under the coalition President Cyril Ramaphosa put together after his ANC lost its outright parliament majority — said serving in this government 'has required all of us to work collaboratively – sometimes across vastly different perspectives — toward a common goal: delivering real outcomes for the people of South Africa'. In a media briefing to assess how his department has fared over the past year, George said the GNU has created a situation where departments are increasingly working across silos, 'where ideas are strengthened through debate and collective intelligence', and where the urgency of service delivery is matched by a 'shared will to get things done'. This week analysts George said his department had approached its work 'with a recognition that our environmental mandate is not separate from the economic one, or the social one. They are deeply interconnected.' Protecting natural resources, wildlife Among George's 'big six' priority areas is protecting natural resources and wildlife. Here, he cited his department's significant achievement regarding the protection of the critically endangered 'After learning about the sharp population declines and the human impacts causing them, I called for open, lawyer-free discussions that brought together conservation organisations like BirdLife South Africa and Sanccob [Southern African Foundation for the Conservation of Coastal Birds, industry leaders in the fishing sector and our departmental experts,' he said. This collaborative approach led to a court-ordered agreement to implement island closures around key breeding colonies. 'We amended the small pelagic fishery permit conditions to enforce these closures, ensuring sustainable fishing near vital penguin habitats,' he said. These changes were implemented almost immediately. His department is also tackling the harm caused by bunkering in Algoa Bay, near St Croix Island, once home to the largest African penguin colony in the world. Ship-to-ship refuelling has caused oil spills and underwater noise pollution. After a A coordinated approach has led to prosecutions and a continued decline in rhino poaching incidents, with George noting his department's attention is also turning to species such as 'The lives of these animals are not commodities. They are a vital part of our ecological and cultural identity,' he said. George said his department's efforts were showing that jobs can be created, new industries stimulated and growth unlocked, 'while caring for the planet'. He noted that in the fourth quarter of last year, the agriculture, forestry and fishing sectors recorded a 'remarkable' 17.2% growth, contributing two-thirds of the total GDP growth for that quarter. In the first quarter of this year, these sectors grew by 15.8%. 'These are not just numbers,' he said. 'They reflect thousands of jobs and livelihoods sustained. We increased the number of fish species available to The department's harbour revitalisation programme has created more than 2 300 work opportunities while through expanded support for sustainable aquaculture, 'we're seeing green technology spark new enterprises along our coasts'. George said the recent floods in KwaZulu-Natal and Mthatha in the Eastern Cape are only the latest signs that the time for talk regarding climate change is over. This is why the department finalised the The department secured George said these were not blanket waivers. 'Each exemption comes with firm conditions, including health interventions for affected communities, real-time emissions monitoring, and a firm commitment to transition to cleaner energy sources. We are holding polluters accountable.' The department is working with the presidency and the department of mineral resources and energy to develop a competitive power market, 'bringing independent power producers into the fold. The goal is clear: to deliver both energy security and environmental sustainability.' South Africa has contributed to international environmental governance, and continues to lead. George said it played a major role in negotiating the At the last climate summit in Baku, South Africa 'brokered a deal that balanced the need for ambitious climate action with the reality of our economic conditions', he said, adding that this agreement unlocked green investment for local projects that will support South Africa's just energy transition. 'And in our G20 Presidency year, we are hosting major environment and climate sustainability meetings, positioning South Africa as a leader on the African continent and beyond. These engagements not only strengthen our global voice but also attract investment and expertise.' George said another of his key focus areas has been making his department's systems more efficient, transparent and responsive. It had launched the regulatory efficiency strategy for environmental turbocharge, a set of reforms to speed up approvals for energy and infrastructure projects, 'while still protecting the environment'. His department had identified 11 renewable energy development zones where significantly simplified environmental impact assessments had reduced approval times from 300 days to 147. 'For lower sensitivity areas, we've introduced fast-tracked authorisations that can be processed in around 70 days,' the minister said. The new national web-based environmental screening tool is 'already helping developers identify low-impact sites for projects, streamlining planning and protecting biodiversity'. Since his appointment, George has finalised 162 environmental appeals, '106 of them since our 100-day feedback session', which is a 'testament to our commitment to fairness, transparency and turnaround times'. Although the department is operating in a constrained fiscal environment, it has launched a departmental spending review and implemented firm cost-containment measures. 'But, more importantly, we have begun thinking creatively about revenue generation,' he said. 'Each branch of our department is tasked with identifying savings and new funding streams.' This includes sourcing international donor support for enforcement and anti-poaching, innovative financing mechanisms for green projects and working with the treasury on sustainable budget models. The minister said the South African Forestry Company or Safcol, SANParks and the South African Weather Service are receiving strategic attention to address governance weaknesses and boost their effectiveness. 'We also celebrated the achievement of a clean audit at iSimangaliso Wetland Park — a symbol of what good governance can look like across our sector,' while flagship projects to elevate the country's environmental brand, improve delivery and stimulate economic opportunity have been initiated. George said the department is finalising the national carbon credits and biodiversity offsets framework, which will allow companies to 'offset emissions responsibly', while directing funds into conservation and community development.
Daily Maverick
11-06-2025
- General
- Daily Maverick
Race against extinction: Predation, noise pollution the next big threats to African penguins
The African penguin could become extinct in 10 years but environmental groups are trying everything they can to save them. The African penguins we know and love may not be around for much longer. Organisations like BirdLife South Africa, the Southern African Foundation for the Conservation of Coastal Birds (Sanccob), WWF and Cape Nature, however, are doing everything they can to arrest the decline. Their recent World Environment Day celebration at Stony Point Nature Reserve in Kogelberg — the site of one of the Cape's key penguin colonies — highlighted the continued efforts needed to prevent the extinction of the critically endangered African penguin and the benefits African penguins bring to local communities. African penguins are set to become extinct in 10 years, according to the International Union for Conservation of Nature. In 2024, the number of breeding pairs at Stony Point Nature Reserve dropped by half — leaving only 676 pairs. While the decrease in breeding pairs cannot necessarily be explained by death, Craig Smith, a senior marine specialist at the WWF, said: 'Penguins are an indicator species.' Penguins' decision not to breed — or to abandon their eggs — means we should have 'grave concern' for ecosystem health. Earlier this year, a landmark settlement agreement between conservation NGOs and the commercial fishing industry created 'no fishing zones' around five key African penguin colonies, including Stony Point, in an effort to protect penguins' food sources. Thus far, food resource competition between penguins and small pelagic fisheries for anchovies and sardines has been the greatest threat to African penguins. But even with the creation of no-fishing zones, the struggle is not over. According to Smith, the West Coast sardine stock is depleted. Anchovies are at their lowest on record. And it's hard to get these species to rebound. A Namibian small pelagic fishery with sardine and anchovy paused its operations to allow the species to recover, Smith said. But seven years had passed and the species had not recovered. If the prey conditions of these key small fish can improve, as long as commercial fisheries maintain reasonable exploitation rates, then it might be enough to mitigate resource competition, according to Alistair MacInnes, the Seabird Conservation Programme Manager at Birdlife SA. But even then, two key threats to penguins remain: noise pollution and predation. Noise pollution 'Since ship-to-ship bunkering… started in 2016, the closest (penguin) colony, St Croix, has suffered a dramatic decline. They've lost 85 to 90% of their population,' said Nicky Stander, the head of conservation at Sanccob. Ship-to-ship bunkering, also known as ship-to-ship fuel banking, is the process of transfer of petrol from one ship to another while at sea. It is a highly risky activity that can result in oil spills. This practice results in an enormous amount of noise because of the increased vessel traffic required for this practice, which can have a significant impact on penguin breeding. Currently, ship-to-ship bunkering is allowed at Agoa Bay. Predation Furthermore, land-based penguin colonies like those at Stony Point and Simon's Town face an added challenge, with threats from inland and from the ocean. Penguins are prey to sharks, seals, mongoose, and even wild dogs. 'If you remove one predator, it can simply get replaced by another,' said Alana Duffell-Canham from CapeNature on the difficulty of contending with predation as a threat. Further, conservationists must consider how 'predators are also important for maintaining ecosystem balances'. Even so, CapeNature had started to install camera traps and was looking for more funding to implement more predation monitoring at Stony Point, Duffell-Canham said. 'We are throwing everything we can at the species,' Sanccob's Stander said. This included blood transfusions, fracture repairs, and chick rescuing programmes. 'Because their status is so critical, we have to try everything possible to save each individual.' Following the court outcome, conservation groups will continue monitoring and evaluating the effectiveness of their efforts. Alistar MacInnes from Birdlife SA emphasized the need for every location to collect the same data. There would be formal evaluations — one in six years, and another in 10 years. The six-year evaluation was associated with when most young birds would breed for the first time since the first year of fishing closure. The 10-year evaluation was associated with the previously predicted extinction date for African penguins. If researchers saw improved foraging efficiency by that time, it would indicate a positive turn for the survival of African penguins. Change came slowly and 'the data needed for advocacy and policy change can only come in six years, given the natural cycle of penguins', said McInnes. Penguin conservation efforts had also created opportunities for young people in the nearby Mooiuitsig community. Young people served as WWF's Marine and Coastal Community Monitors, recording data, checking for pollution, and collecting and recording plastic waste. In the end, Smith from WWF asked: 'Penguins are a charismatic species. If we can't protect this species, then what can we protect?' DM
MTV Lebanon
18-03-2025
- General
- MTV Lebanon
Last-minute deal to protect African penguins from extinction
Six key breeding areas are to be safeguarded to help save the African penguin, following a landmark court order in South Africa. Last year scientists warned that the species was declining by around 8% every year and could become extinct within a decade. The court has imposed no-fishing zones around the breeding colonies to prevent so-called purse seine fishing vessels, which use large nets, from catching sardines and anchovies for the next 10 years. The order is the result of an out-of-court settlement reached before a three-day High Court hearing was due to start between conservation groups, the commercial fishing industry and the Department of Forestry, Fisheries and the Environment (DFFE). Last year, BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (Sanccob) started the legal action - the first case of its kind in South Africa. They alleged that ministers had failed to adequately protect the endangered species after failing to implement key recommendations from a scientific panel brought in by the government to assess the risk to the African penguin. They argued the continuation of "inadequate" interim closures to fishing vessels around the breeding colonies, which are mainly in the Western Cape, had been allowed. The Biodiversity Law Centre, which represents the groups, said the number of penguins had dwindled from 15,000 in 2018 to just under 9,000 at the end of 2023. It said if the current rates of decline persisted the African penguin could be extinct by 2035. The order, issued by the Pretoria High Court on Tuesday, outlines no-go zones for the commercial sardine and anchovy fishing vessels around six key African penguin breeding colonies: Dassen Island, Robben Island, Stony Point, Dyer Island, St Croix Island and Bird Island. The DFFE has two weeks to make sure the permit conditions and the closures are implemented. Nicky Stander, head of conservation at Sanccob, said the journey was far from over. "The threats facing the African penguin are complex and ongoing - and the order itself requires monitoring, enforcement and continued co-operation from industry and the government processes which monitor and allocate sardine and anchovy populations for commercial purposes," she said. The anchovy and sardine fishing industry said it was pleased an agreement had been made, saying the decision was halfway between the interim closures and the area closures requested by conservation groups. It also added that the perception that the fishing industry was the primary cause of the decline of the penguin population was false. The order will last for the next 10 years, bringing it to 2035 which is when scientists predicted the penguin would be extinct. Its progress will be reviewed six years from now.
Yahoo
18-03-2025
- General
- Yahoo
Last-minute deal to protect African penguins from extinction
Six key breeding areas are to be safeguarded to help save the African penguin, following a landmark court order in South Africa. Last year scientists warned that the species was declining by around 8% every year and could become extinct within a decade. The court has imposed no-fishing zones around the breeding colonies to prevent so-called purse seine fishing vessels, which use large nets, from catching sardines and anchovies for the next 10 years. The order is the result of an out-of-court settlement reached before a three-day High Court hearing was due to start between conservation groups, the commercial fishing industry and the Department of Forestry, Fisheries and the Environment (DFFE). The fight to save the African penguin Saving South Africa's abandoned chicks Bees kill endangered South African penguins Last year, BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (Sanccob) started the legal action - the first case of its kind in South Africa. They alleged that ministers had failed to adequately protect the endangered species after failing to implement key recommendations from a scientific panel brought in by the government to assess the risk to the African penguin. They argued the continuation of "inadequate" interim closures to fishing vessels around the breeding colonies, which are mainly in the Western Cape, had been allowed. The Biodiversity Law Centre, which represents the groups, said the number of penguins had dwindled from 15,000 in 2018 to just under 9,000 at the end of 2023. It said if the current rates of decline persisted the African penguin could be extinct by 2035. The order, issued by the Pretoria High Court on Tuesday, outlines no-go zones for the commercial sardine and anchovy fishing vessels around six key African penguin breeding colonies: Dassen Island, Robben Island, Stony Point, Dyer Island, St Croix Island and Bird Island. The DFFE has two weeks to make sure the permit conditions and the closures are implemented. Nicky Stander, head of conservation at Sanccob, said the journey was far from over. "The threats facing the African penguin are complex and ongoing - and the order itself requires monitoring, enforcement and continued co-operation from industry and the government processes which monitor and allocate sardine and anchovy populations for commercial purposes," she said. The anchovy and sardine fishing industry said it was pleased an agreement had been made, saying the decision was halfway between the interim closures and the area closures requested by conservation groups. It also added that the perception that the fishing industry was the primary cause of the decline of the penguin population was false. The order will last for the next 10 years, bringing it to 2035 which is when scientists predicted the penguin would be extinct. Its progress will be reviewed six years from now. Pink flamingos 'seized from smugglers' in Tunisia Elephant tusks worth $11m destroyed from African stockpile How an undercover sting outwitted pangolin traffickers Go to for more news from the African continent. Follow us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica Africa Daily Focus on Africa
