On Tuesday, March 18, 2025, a legal settlement was reached between South African conservationists and fishing industry groups to establish no-fishing zones around six major breeding colonies of the critically endangered African penguin. The agreement, formalized by a court order, prohibits sardine and anchovy fishing within 12 miles (20 kilometers) of the colonies on Robben Island near Cape Town and Bird Island near Gqeberha (Port Elizabeth). More limited restrictions apply to four additional colonies. The measures will remain in effect for 10 years, with a review scheduled after six years.

The African penguin population, currently below 10,000 breeding pairs compared to 1 million a century ago, is declining at 7.9% annually, risking extinction by 2035 without intervention. Conservationists and the fishing industry have long debated the impact of commercial fishing on this decline and the effectiveness of fishing restrictions.

Nicky Stander of the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) described the court order as a significant step toward preventing extinction, though she noted ongoing challenges remain. The South African Pelagic Fishing Industry Association and the Eastern and Southern Cape Pelagic Association, representing the fishing sector, accepted the compromise, arguing that fishing near breeding sites is not the primary cause of the population drop. They expressed hope that resources could now focus on identifying and addressing the main factors behind the decline.

Environment Minister Dion George praised the agreement as a balance between conservation and industry sustainability. The settlement follows a May 2024 lawsuit by BirdLife South Africa and SANCCOB against George’s predecessor, Barbara Creecy, for failing to enforce meaningful fishing closures around colonies hosting 76% of the penguin population. George, who assumed office in July, pursued this out-of-court resolution.

Experts, including Bob Furness of the University of Glasgow and Phil Trathan of Southampton University, acknowledged the closures as progress but cautioned that additional pressures—such as climate change, land predators, noise pollution, and sardine stock vulnerability—require further attention. The environment ministry has not commented on potential additional fishing controls.

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