SANCCOB
An agreement between conservation groups and the fishing industry to protect critically endangered African penguins along the South African coastline has been made an order of court.
On Tuesday, the Pretoria High Court issued the order that “provides for the delineations of no-take zones for the commercial sardine and anchovy fishery around six key African penguin breeding colonies that lie within coastal areas where this commercial fishery operates”.
BirdLife South Africa and SANCCOB described the development as a historic day for the African penguin.
“The six closures work together to secure biologically meaningful foraging areas for African Penguins in each of the west coast, southern Cape and Algoa Bay regions to help bring the species back from the brink of extinction.
“This settlement follows several weeks of exceptionally hard work and negotiations between the conservation NGOs and the commercial sardine and anchovy fishing industry,” they said in a joint statement.
The order provides that the department of forestry, fisheries and the environment will have two weeks to ensure that these closures are implemented by amending the permit conditions applicable to commercial sardine and anchovy fishers (also covering redeye).
“These permit conditions are set to be renewed by the DFFE each January for the next 10 years.
“The 10-year period takes closures to the critical year, 2035, when the iconic African Penguin is predicted by scientists to be extinct in the wild – just a generation of penguins away,” the conservation groups said.
According to the joint statement by BirdLife South Africa and SANCCOB, the court order makes it clear that the Minister’s decision, announced on 4 August 2023, is reviewed and set aside.
“In addition, the order clearly sets out maps and coordinates for the closures which will be in place from the date of the court order for a period of 10 years (subject to a scientific review after six years).
“It also confirms that these closures will be in place year-round (i.e. including during the full fishing season). This is in line with the recommendations of the expert panel convened by the Minister in October 2022 to advise on closures.
Kate Handley of the biodiversity law centre said the court order was an important step in moving the dial in the long impasse between conservation and industry which has seen inaction since 2018.
“We look to the DFFE and the minister to ensure full implementation of this order and to follow-through on taking all necessary steps to protect the African penguin,” Handley said.
Birdlife South Africa’s Dr Alistair McInnes, said the case was about improving the chances of conserving Africa’s only penguin species.
However, he said the outcome of these closures will also benefit other marine predator species, as well as the livelihoods of many who derive benefits from marine ecosystems that are equitable and judiciously managed.
The head of conservation at SANCCOB, Nicky Stander, said the court order was a “significant step forward” in the fight to save the African penguin from extinction.
Stander cautioned though that while celebrating the success, 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 cooperation from Industry and the government processes which monitor and allocate sardine and anchovy populations for commercial purposes.
“We must continue to advocate on the basis of our scientific research and implement effective conservation strategies to ensure that African penguins will thrive in the future.
“Our work continues, and we count the continued support and engagement of the community to face the challenges ahead,” Stander said.
