On March 18, 2025, a landmark decision emerged from South Africa that could alter the fate of the critically endangered African penguin. After years of legal battles, tense negotiations, and mounting conservation concerns, a Pretoria High Court order formalized an out-of-court settlement to establish no-fishing zones around six key penguin breeding colonies. The six colonies now protected—Robben Island, Bird Island, Dassen Island, Stony Point, Dyer Island, and St Croix Island—house roughly 76% of the remaining population, making them critical strongholds for the species’ survival. This ruling, effective for the next 10 years with a review after six, prohibits commercial sardine and anchovy fishing in these areas—a move hailed as a significant step toward saving a species teetering on the edge of extinction.
The Plight of the African Penguin
The African penguin (Spheniscus demersus), a charismatic species endemic to South Africa and Namibia, has seen its population plummet over the past century. Once numbering over a million breeding pairs, the species has dwindled to fewer than 10,000 pairs today—a decline of more than 90%. Scientists warn that, at the current rate of decline (approximately 8% per year), the African penguin could vanish from the wild by 2035. The culprits are numerous: climate change, oil spills, noise pollution, and land predators all play a role. But one of the most pressing threats is the competition for food—specifically sardines and anchovies—with the commercial fishing industry. African penguins are dietary specialists, relying heavily on sardines (Sardinops sagax) and anchovies (Engraulis encrasicolus). These fish, often found in dense shoals, provide the high caloric intake penguins need to survive and nurture their young. Adults consume around 300-500 grams of fish daily, though this spikes during the breeding season when they must also feed their chicks. Unlike some seabirds that can switch prey, African penguins are less adaptable—when sardines and anchovies are scarce, they don’t easily pivot to other species, leaving them vulnerable to starvation.
A Hard-Fought Victory
The new no-fishing zones are the result of a years-long struggle between conservationists, the fishing industry, and the South African government. Conservation groups like BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) have long argued that previous fishing restrictions were “biologically meaningless,” failing to adequately protect penguin foraging grounds. In May 2024, these organizations took legal action against then-Environment Minister Barbara Creecy, challenging her July 2023 decision to implement insufficient closures.
The case gained momentum under Creecy’s successor, Dr. Dion George, who assumed office in July 2024 and sought an out-of-court resolution. After intense negotiations, all parties—conservationists, the Department of Forestry, Fisheries and the Environment (DFFE), and fishing industry groups—reached a compromise. The court order, issued on March 18, 2025, mandates a 20-kilometer no-fishing radius around Robben Island and Bird Island, with more tailored closures around the other four colonies. Within 14 days, the DFFE must amend pelagic fishing permits to reflect these new exclusion zones.
What This Means for Penguins—and Beyond
For conservationists, this ruling is a beacon of hope. Nicky Stander, head of conservation at SANCCOB, called it “a significant step forward in our fight to save the African Penguin from extinction,” though she emphasized that the journey is far from over. The no-fishing zones aim to reduce competition between penguins and purse-seine fishing vessels, which use large nets to harvest sardines and anchovies in massive quantities. By securing these vital foraging areas, the hope is that penguins will have a better chance to feed, breed, and raise their chicks.
The benefits may extend beyond penguins. Other marine predators, such as Cape gannets and Cape cormorants, also rely on these fish, and healthier ecosystems could support sustainable fisheries in the long term. Dr. Alistair McInnes of BirdLife South Africa noted that the outcome “will also benefit socio-economically important fish and the livelihoods of many who derive benefits from marine ecosystems.”
The fishing industry, represented by groups like the South African Pelagic Fishing Industry Association, has accepted the “middle-of-the-road compromise.” While acknowledging the economic impact, they welcomed the chance to redirect resources toward understanding the broader causes of the penguin decline, disputing the notion that fishing is the primary driver.
Challenges Ahead
Despite the optimism, this ruling is not a silver bullet. The African penguin faces a web of threats that no-fishing zones alone cannot unravel. Changing ocean conditions due to climate change are shifting fish stocks, while noise from ship-to-ship refueling near colonies like Bird Island disrupts breeding. Predators on land and oil spills at sea remain persistent dangers.
The settlement’s 10-year duration, with a review in six years, reflects a cautious, adaptive approach. It buys time to assess whether the zones genuinely bolster penguin numbers—a question that will require robust scientific study and enforcement.
A Step Toward a Bigger Fight
This ruling is more than a local victory; it’s a testament to the power of collaboration and compromise in conservation. It also underscores a universal truth: protecting a single species often means safeguarding an entire ecosystem.