New regulations to protect African penguins as government tightens offshore fuel transfer rules

Siphesihle Buthelezi|Published

New draft of environmental regulations that tighten control over offshore ship-to-ship fuel transfers will help protect marine life.

Image: Armand Hough / Independent Newspapers

In a move hailed as a critical victory for South Africa’s endangered African Penguin, the Minister of Forestry, Fisheries and the Environment, Dr Dion George, has signed off on a new draft of environmental regulations that tighten control over offshore ship-to-ship fuel transfers.

“These draft regulations are a strong step towards protecting marine life,” the Department said in a statement. “They strike a balance between safeguarding the environment and maintaining the economic value of the maritime industry,” the department said.

The new regulations apply to all offshore ship-to-ship transfers including bunkering and are issued under section 83(1) of the National Environmental Management: Integrated Coastal Management Act.

According to the Department, key updates in the revised draft include:

  • Clearer definitions
  • The renaming of the regulations from “bunkering” to “ship-to-ship transfers” for clarity
  • A reduced exclusion zone from five to three nautical miles from the high-water mark
  • A cap of three operators permitted in Algoa Bay, with a maximum of six tankers allowed.
  • A ban on transfers in Anchorage Area 2 during the penguin breeding season from 1 April to 31 August

Since the start of bunkering operations in Algoa Bay in 2016, four oil spills have affected 260 endangered African Penguins.

In terms of the rules, environmental management plans must now be developed by independent specialists and submitted to the Minister for approval within 90 days.

The Department said night operations would be allowed, “but only under strict conditions with approved spill detection and recovery plans,” and hydrophones would be used instead of sonobuoys “to reduce underwater noise.”

“These changes are particularly important for areas such as Algoa Bay, home to the world’s largest breeding colonies of African Penguins,” the Department said.

The draft regulations will be open for public comment once it is published in a Government Gazette or a national newspaper—whichever comes later.

THE MERCURY