Sardine and anchovy trawlers will no longer be able to fish around African penguin breeding colonies following a landmark out of court settlement this week.
Conservationists are celebrating the news, which was announced midweek by the department of forestry, fisheries and the environment.
Temporary no-fish zones have been in place around the penguin colonies but in the new settlement these closures will be strengthened and reshaped by taking into account where the prey fish gather, and the hunting patterns of the penguins.
The African penguin is critically endangered, threatened by a range of problems including diminishing food, and the scientific consensus is that without a swift and major intervention, it will be extinct by 2035.
The settlement was reached on the eve of the scheduled start of a major court case in the Cape Town High Court centred on the African penguin and the purse seine fishing industry, which targets sardines and anchovies — the same fish preyed on by the seabird.
The Southern African Foundation for the Conservation of Coastal Birds and Birdlife SA were challenging former environment minister Barbara Creecy’s failure to implement the “biologically meaningful” closures recommended by her appointed scientific panel.
The two organisations had already served papers on the environment minister and the fishing industry, and the case was due to go to court on March 18.
But on Wednesday, department of forestry, fisheries and the environment spokesperson Peter Mbelengwa revealed the latest developments.
“The [department] is delighted to announce its support for a historic settlement agreement,” Mbelengwa said.
“The settlement agreement was reached in principle between the fishing industry and conservation organisations BirdLife SA and the Southern African Foundation for the Conservation of Coastal Birds.
“The agreement establishes critical island closures to protect SA’s penguin populations, aligning perfectly with the [department’s] long-standing vision for collaborative conservation.”
He said under the leadership of the new fisheries and the environment minister, Dion George, the department had consistently advocated for co-operation between the fishing industry and conservation groups to address the decline of penguin populations while supporting sustainable livelihoods.
“After his appointment as minister, Dr George instructed his legal team to work to settle the matter.
“He requested a meeting with all parties with their legal representatives and, at that meeting, he instructed them to establish a working group to seek consensus on the closures to the benefit of the now critically endangered African penguin.”
Mbelengwa said the settlement, independently reached by the parties involved, reflected a science-based, co-operative effort to implement effective closures around key penguin breeding islands.
Purse seine industry vessels trap fish with large nets, which they draw together like a purse.
The international scientific panel’s biologically meaningful recommendation was informed by the pioneer work done by Bay penguin expert Prof Lorien Pichegru.
She started her project in 2008 in Algoa Bay, in partnership with the fisheries and environment department.
Waters around two sets of island penguin colonies were alternately closed and opened.
The new agreement is that the closures recommended by the panel will be installed around Dassen, Robben and Dyer islands, and off Stony Point in Betty’s Bay, all in the Western Cape, as well as around St Croix and Bird islands in Algoa Bay.
The no-fishing zone for St Croix is noted in terms of co-ordinates (western boundary: 25°45'E; southern boundary: 34°01’ to 25°50’E; southern boundary east: 33°59’ to 25°59’E; eastern boundary to marine protected area: 25°59’E). For Bird it is “a 20km radius from the lighthouse”.
Mbelengwa said the closures were subject to being made an order of court and would last 10 years, which would allow for monitoring and re-evaluation at the end of that period.
“They represent a balanced approach to conserving penguin habitat while respecting the needs of the fishing industry.
“The [department] commends the stakeholders for their dedication in reaching this agreement, which sets a powerful precedent for environmental collaboration.”
George hailed the settlement as a significant victory for conservation and sustainable development.
“This agreement is a testament to what can be achieved when industries and conservationists unite for a common cause.
“It delivers on the[department ’s] vision of protecting our penguins and preserving our biodiversity, while ensuring the sustainability of our fishing industry.”
Mbelengwa said the department would work closely with all parties to ensure the agreement became an order of the court.
“The department will ensure the successful implementation of the agreed closures and will support efforts to monitor their impact on penguin populations.”
Pichegru said it was great news for the African penguin.
“We are very happy these closures have finally been agreed. It is wonderful news.”
The global population of the African penguin, which is restricted to the Southern African coast from Namibia in the west to Algoa Bay in the east, has plunged more than 90% from its original size of about four-million birds at the start of the 19th century.
There are now just 10,000 breeding pairs remaining and about half of them are on St Croix and Bird islands.
Pichegru said the marine conservation fraternity was still concerned about bunkering in Algoa Bay and the problems of underwater noise and oil spills associated with the industry.
“There could also be other threats that arise in the future.
“So it is too early to say this fishing settlement is the turning point for the African penguin. But it will definitely help.”
East Cape Small Pelagic Association chair Redah de Maine confirmed the settlement.
“The fishermen are going to suffer because of this, but the penguins were suffering too and we needed to do our bit.
“We are satisfied with the agreement that has been reached.
“This is a victory for the penguins that could only happen with the fishermen and the conservationists working together.
“We don’t believe that fishing is contributing to the decline of the penguin in any significant way and we hope that the penguin working group that the minister has established will now look very carefully at all the other things that may be causing this to happen.”
The Herald
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