The High Court of South Africa’s Gauteng Division in Pretoria rendered a landmark decision on March 18, 2025, prohibiting commercial fishing near six important African penguin breeding locations for ten years. By addressing the loss of the species’ main food sources, sardines and anchovies, the limitation seeks to prevent the extinction of the critically endangered African penguin. The colonies that are impacted are Bird Island, Stony Point, Robben Island, Dyer Island, Dassen Island, and St Croix Island.

The decision forbids commercial anchovy and sardine fishing within 20 kilometers of Bird Island and Robben Island. The remaining four sites will be subject to more restricted closures. According to Section 13 of the Marine Living Resources Act, 18 of 1998, these fishing prohibitions will be enforced by annual permit requirements and will be in place year-round. Permits for the 2025 fishing season will be modified accordingly by the Department of Forestry, Fisheries, and the Environment (DFFE). After six years, an evaluation of the closures will be conducted to determine their impact.

Legal Victory for Conservation Groups

The Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) and BirdLife South Africa filed the lawsuit that led to the court decision. The ruling came after the commercial fishing industry, conservation organizations, and the DFFE reached an out-of-court settlement.

The Seabird Conservation Programme Manager at BirdLife South Africa, Alistair McInnes, stressed the significance of this decision in protecting marine predators like Cape Gannets and Cape Cormorants, as well as African penguins. He emphasized that the decision benefits biodiversity and fish species that are significant to the economy, as well as the larger marine ecosystem.

While applauding the judgment, Nicky Stander, Head of Conservation at SANCCOB, emphasized that continued enforcement, monitoring, and industry-government cooperation are necessary to guarantee the sustainable management of sardine and anchovy stocks.

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Urgency to Protect African Penguins from Extinction

African penguins, which are indigenous to southern Africa and smaller than Emperor penguins, are facing a sharp population decline. The species may vanish in the wild by 2035 if present trends continue, according to conservationists. The loss of their food supplies as a result of overfishing is the main threat to their survival.

Given that the critically endangered African penguin is already at risk, the court’s ruling to enforce permanent fishing restrictions represents a crucial intervention to halt further population decline. However, conservationists say that continued research, habitat protection, and ethical fishing practices are essential to the African penguin’s future.

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