New Oil Transfer Regulations a ‘Lifeline for Penguins’, Says Minister

• New regulations to manage ship-to-ship transfers of fuel, oil, liquid gas and other toxic chemicals have been signed by Environment Minister Dion George.
• George said the new regulations were designed to avoid pollution, protect coastal ecosystems, and mitigate the impacts of a spill, to secure the survival of the African Penguin and other species.
• But bird conservation groups have expressed concerns that the regulations may be insufficient.

Environment minister Dr Dion George has signed new regulations to manage potentially polluting offshore ship-to-ship transfers of fuel, oil, liquid gas and other toxic chemicals – a move he describes as “another lifeline” for the critically endangered African Penguin and a “decisive step” in the future conservation of this species.

But bird conservation groups, who earlier this year wrestled a settlement agreement with George to impose no-take fishing zones around crucial penguin breeding islands, have expressed doubts.

BirdLife South Africa and SANCCOB (Southern African Foundation for the Conservation of Coastal Birds) say the regulations signed by George last week have serious shortcomings and are actually more lenient towards shipowners and the bunkering industry than earlier drafts of these directives.

They say celebration of the new regulations is “premature”, and are mulling a response that might include a return to the courts.

“While we are currently in conversation with our lawyers, we have yet to commit to a way forward,” BirdLife South Africa’s communications manager Kurt Martin told GroundUp.

“There is undoubtedly a strong case to be made against these regulations, not only as regards their substance and likely efficacy, or lack thereof, but also regarding the Minister’s powers under the Integrated Coastal Management Act.”

Ship-to-ship transfer refers to the transfer of liquid bulk cargoes from one vessel to another at sea. Such cargoes can include chemicals, oil, petroleum products, liquified petroleum gas or liquified natural gas, as well as bunkering (the supply of fuel for the vessel).

The new regulations have been published in terms of the Integrated Coastal Management Act, one of a suite of laws under the umbrella National Environmental Management Act.

“These regulations … provide South Africa with a clear and enforceable environmental framework to manage offshore ship-to-ship transfer operations, including bunkering,” George said in a statement.

“They are designed to prevent pollution, protect coastal ecosystems, minimise and mitigate the impacts of a spill in the unlikely event that one occurs and secure the survival of the African Penguin, together with other marine species and ecosystems in the rich biodiverse Algoa Bay and along South Africa’s coastline in general.”

The new measures include prohibited zones, with ship-to-ship operations banned from marine protected areas, aquaculture development zones, from five nautical miles of each of these zones, and within three nautical miles of the high-water mark.

Wildlife protection measures in the regulations compel operators to monitor for penguins and marine mammals, deploy hydrophone systems and report sightings and incidents, and to have immediate response plans in place to rescue any oiled or injured wildlife.

In Algoa Bay — the only place on the entire coastline where ship-to-ship operations are currently authorised — transfers may only take place in “safe” conditions, with wind speeds below 22 knots [40.7 km/h] and wave heights below two metres.

Site-specific Algoa Bay restrictions include confining operations to designated anchorages, with a limit on the number of operators and tankers, and seasonal restrictions to protect sensitive habitats.

“These regulations are a decisive step to safeguard our oceans and secure the future of our African Penguin,” George said. “They set strict standards for offshore ship-to-ship transfers, ensuring that maritime activity can only proceed in a safe and responsible way.”

St Croix Island

The two bird conservation organisations have long lobbied for a total ban on ship-to-ship operations in Algoa Bay, and say they doubt the effectiveness of the new regulations.

In a joint statement, they point to the findings of an ecological risk assessment of February last year that emphasised the severity of ship-to-ship risks to African Penguins – particularly in the anchorage area of Algoa Bay which is closest to St Croix Island.

St Croix was once home to the largest remaining African Penguin colony with almost 8,000 breeding pairs resident in 2015. But since the start of bunkering in the bay in 2016, this colony has dwindled to just 700 pairs.

“Scientific research has demonstrated the correlation between increased vessel traffic noise associated with bunkering in the vicinity of St Croix Island and the dramatic decline in penguin numbers,” the two organisations state.

“In fact, when the activity was stopped in 2024, the African Penguin population on St Croix Island doubled, [but] this number halved again once bunkering resumed in 2025.”

Also, since bunkering operations started, there have been four oil spills in Algoa Bay attributed to bunkering activities, resulting in the oiling of several hundred penguins and other seabirds, they say.

Of particular concern to the conservation organisations is that ship-to-ship operations in Algoa Bay are also exempt from several regulatory prohibitions specifically intended to protect sensitive sites. “This is not only detrimental to the St Croix penguin colony but also sets a worrying precedent about the meaning of prohibitions and how discriminately, or indiscriminately, they may be applied,” they say.

Also, while the regulations’ seasonal restrictions on bunkering during the penguins’ breeding period are well-intentioned, the breeding season extends beyond the period stated in the regulations and penguins use Algoa Bay for foraging throughout the year.

In their joint statement, the two conservation organisations say they will “continue to be the fiercest defenders of the African Penguin”.

“In keeping with the Minister’s sentiments, as expressed [in his statement], we are willing to partner in initiatives the bring real change, and are open to reasonable compromise. However, we are also determined to fight for the survival of the African Penguin.”

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