Cape Town, South Africa – 26 August 2025 – Conservation organisations BirdLife South Africa and SANCCOB have raised serious concerns following the announcement of new ship-to-ship fuel transfer regulations, which have been described by some as a lifeline for the endangered African Penguin.
Feature image: African penguins, admitted to SANCCOB Cape St Francis Centre following a 2016 oil spill in Algoa Bay. The penguins, along with 61 penguin chicks, were rescued from St Croix Island. Photo: SANCOBB
On 22 August 2025, Minister Dion George signed the new Ship-to-Ship Transfer Regulations into law during an event aboard the SA Agulhas II, a government-owned research and resupply vessel. The regulations apply to the refuelling of one ship from another outside of harbours, an activity known as offshore bunkering. This process allows vessels to refuel without docking, reducing costs and saving time for refuelling operators.
Currently, offshore bunkering is permitted only in Algoa Bay. However, BirdLife South Africa and SANCCOB have long opposed this practice, citing findings from the February 2024 Ecological Risk Assessment (ERA), which highlighted the severe risks bunkering poses to African Penguins, particularly in Anchorage Area 2, near St Croix Island.
While the practice benefits shipping companies and fuel suppliers, conservationists point out that the risks are carried by marine ecosystems, including an increased likelihood of oil spills and heightened underwater noise pollution. St Croix Island, once home to the largest remaining African Penguin colony with almost 8,000 breeding pairs in 2015, now hosts only 700 pairs.
Four oil spills in Algoa Bay since start of bunkering
Scientific studies have linked increased vessel noise from bunkering to this decline. After bunkering operations were temporarily halted in 2024, due to non-compliance by several operators, the penguin population doubled. However, the numbers dropped again by half when bunkering resumed in 2025. Since the start of bunkering, four oil spills have occurred in Algoa Bay, affecting hundreds of penguins and other seabirds. Experts note that the risk of spills grows when ship-to-ship transfers are conducted at night or in rough seas.
The regulations, first published for public comment in February 2025, faced opposition from both the bunkering industry and conservation groups, though for different reasons. The version signed by the Minister last week is seen as more lenient to industry interests.
Among the key concerns flagged by BirdLife South Africa and SANCCOB are:
- Operations in Algoa Bay being exempt from several prohibitions intended to protect sensitive sites.
- The allowance of night-time transfers, which makes detecting spills or identifying marine wildlife far more difficult.
- Permitting bunkering in wave heights of up to two metres, despite the ERA recommending a one-metre limit.
- Seasonal restrictions that do not fully align with the penguins’ year-round use of Algoa Bay.
- The absence of effective measures to reduce vessel noise, including the removal of adherence to International Maritime Organisation (IMO) guidelines.
Dr Alistair McInnes, Seabird Conservation Programme Manager at BirdLife South Africa, warned that without stronger protections, other conservation measures would be undermined. “The Algoa Bay closure will be meaningless unless the negative consequences of bunkering are avoided.”
Nicky Stander, Head of Conservation at SANCCOB, emphasised the cumulative risks of vessel traffic, saying, “It is not only the ships actively involved in bunkering, but also vessels stationed in the anchorage areas as they wait for fuel and move in and out of these zones, that will contribute to pressures to the African Penguin colony on St Croix.”
Both organisations have called for the use of emergency powers available under the National Environmental Management Integrated Coastal Management Act and the National Environmental Management: Biodiversity Act to prohibit bunkering. They argue that government inaction continues to threaten the survival of the species while offering limited economic justification for the practice.
SANCCOB and BirdLife South Africa reaffirmed their commitment to fighting for the survival of the African Penguin. According to the joint release, they remain open to collaboration but will hold decision-makers accountable:
“These two organisations are unapologetic about holding those in power accountable when it comes to meaningful interventions to save the species. In keeping with the Minister’s sentiments, as expressed on Friday evening, they are willing to partner in initiatives that bring real change, and are open to reasonable compromise. However, they are also determined to fight for the survival of the African Penguin.”
