The Pretoria High Court’s ruling secures no-take zones for commercial fishing around African Penguin colonies, protecting their foraging areas for the next decade. This landmark decision follows a decline in penguin populations and aims to prevent extinction by implementing important conservation measures endorsed by governmental bodies and conservation NGOs.
A significant ruling was made by the Pretoria High Court in favor of the Critically Endangered African Penguin, thanks to the joint efforts of BirdLife South Africa and SANCCOB. This landmark decision establishes no-take zones for commercial sardine and anchovy fishing around six essential penguin breeding colonies, ensuring their foraging areas are protected for the next decade, a critical step towards preventing the species’ extinction.
The court order mandates the Department of Forestry, Fisheries and the Environment (DFFE) to implement these closures within two weeks by modifying permit conditions for commercial fishers. This arrangement is designed to remain in place for ten years, coinciding with a predictive timeline for the extinction of African Penguins, emphasizing the urgency of these conservation efforts.
Following six challenging years where penguin populations dropped from 15,187 breeding pairs in 2018 to approximately 8,750 currently, BirdLife South Africa and SANCCOB resorted to legal action in March 2024. Their goal was to hold the government accountable for addressing the harsh impacts of fisheries on the dwindling penguin population, prompting a settlement just before the court hearing commenced in March 2025.
The court’s ruling overturned a previous decision by the Minister regarding fishing around critical areas for penguins. It also included specific maps and coordinates that outline the fishing closures, which will remain year-round. This aligns with the Expert Panel’s recommendations that closures should be scientifically monitored and account for the penguin’s life history and potential environmental shocks.
The order allows for existing closures around Dassen Island to continue, while extending protections with a 20km zone around Robben Island. These measures aim to mitigate the declining penguin population through strategic fishing restrictions, balancing commercial interests with ecological necessity.
In the Southern Cape, a notable win at Stony Point safeguarded essential foraging areas for local penguins, addressing overfishing issues. This closure is particularly important in the heavily fished southern region where competition for resources is intense. The continuation of Dyer Island’s split zone closure allows minor vessels to operate, reflecting the complexities of managing marine sustainability.
In the Eastern Cape, Bird Island will be surrounded by a 20km fishing closure, while St Croix Island’s area will protect a severely threatened penguin population facing competition and environmental challenges from commercial activities in Algoa Bay.
Kate Handley, Executive Director of the Biodiversity Law Centre, emphasized the need for proactive measures to ensure the survival of the African Penguin, advocating for the government’s commitment to manage and protect marine biodiversity effectively. This court order represents a pivotal moment in addressing the conservation of this species as well as enhancing the health of marine ecosystems.
BirdLife South Africa’s Dr. Alistair McInnes acknowledged that these closures will also assist other marine species, reflecting a holistic approach to conservation management. Continuous monitoring and collaboration with industry partners are crucial to adapt strategies in response to African Penguin populations as ecological indicators.
Nicky Stander, Head of Conservation at SANCCOB, hailed the order as a monumental achievement towards saving the African Penguin, stressing the importance of ongoing cooperation and community engagement in addressing the multifaceted threats they face. The collective action demonstrated here serves as a hopeful model for future biodiversity conservation initiatives, signifying sustained commitment from all stakeholders involved.
The Pretoria High Court’s ruling establishes vital protections for the African Penguin amidst a population crisis, facilitating a decade-long commitment to conservation efforts. The mandated no-take zones for commercial fishing aim to secure crucial foraging areas essential for the species’ survival. Collaboration between conservation organizations, governmental bodies, and the fishing industry demonstrates a progressive approach to mitigating ecological threats. Future actions will focus on monitoring and adapting strategies to protect not only African Penguins but also the broader marine ecosystem, highlighting a collective responsibility towards biodiversity preservation.
Original Source: allafrica.com
