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A landmark court ruling in South Africa has established measures to protect six crucial breeding sites in an effort to save the African penguin from extinction.
The court has imposed a 10-year ban on commercial fishing around breeding colonies, addressing the severe threat to the penguins' food supply. The waters surrounding the six colonies will be off-limits to commercial sardine and anchovy fishing for at least a decade.
Specifically, sardine and anchovy fishing will be prohibited within a 20 km radius of the penguin colonies on Robben Island and Bird Island.
More restricted closures will apply to the other four colonies. The ruling, issued on March 18, 2025 by the High Court of South Africa, Gauteng Division, Pretoria, enforces temporary fishing restrictions around the African penguin breeding colonies at Dassen Island, Robben Island, Stony Point, Dyer Island, St Croix Island and Bird Island for a 10-year period.
These closures will be subject to review after six years, initiated by the Department of Forestry, Fisheries, and the Environment (DFFE). The restrictions will remain in effect year-round and will apply to small-pelagic (sardine/pilchard, anchovy, and red-eye) purse-seine fishing at all times.
The court order stipulates that the closures will be implemented through annual permit conditions under Section 13 of the Marine Living Resources Act, 18 of 1998. These conditions will apply to permits issued to small-pelagic purse-seine fishing rights holders, including those for anchovy, sardine/pilchard, and redeye fisheries, as well as associated bycatch. The DFFE will amend the permits for the 2025 fishing season accordingly.
The legal action was initiated by two conservation organisations, Birdlife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB).
The court order followed an out-of-court settlement agreement reached between conservation groups, the commercial fishing industry, and the DFFE.
African penguins, which are smaller than Emperor penguins and found exclusively in southern Africa, are facing a critical decline in population. Conservationists warn that, at the current rate of decline, these unique birds could be extinct in the wild by 2035.
Alistair McInnes, Seabird Conservation Programme Manager at BirdLife South Africa, praised the court order as a significant step forward in safeguarding African penguins.
He emphasised that the ruling not only benefits the penguins but also supports other marine predators, such as Cape Gannets and Cape Cormorants, as well as socio-economically important fish species that rely on sardines and anchovies. Additionally, it promotes the sustainable management of marine ecosystems, which are vital to many livelihoods.
Nicky Stander, Head of Conservation at SANCCOB, welcomed the decision but highlighted the importance of monitoring, enforcement, and ongoing collaboration between industry and government to ensure the effective allocation and management of sardine and anchovy populations for commercial purposes.