South African Pelagic Fishing Industry Association Eastern and Southern Cape Pelagic Association

The small pelagic (anchovy and sardine) fishing industry is pleased that a compromise settlement agreement that had been reached with the conservation sector relating to fishing area closures around penguin breeding colonies, an agreement which has the support of the State, was made an order of the court by Deputy Judge President Ledwaba on the 18th of March 2025. It is hoped this will end the intense dialogue that has raged since 2008 about the closures in relation to the extremely concerning decline in the African Penguin population. This pragmatic decision by the fishing industry was based on considerations that balance increases in closed areas against adverse socio-economic impact. A middle of the road compromise position was agreed to in which the extent of closures are about halfway between the Interim Closures that are currently in place and the area closures that the Applicants were seeking in their court action.

The perception that the fishing industry (or that fishing near to breeding sites) is the primary cause of the decline in the penguin population is a false one. The International Review Panel concluded that “excluding fishing around island breeding colonies is likely to reduce the rate of decline in the population to a small extent” but that “such closures alone would be unlikely to reverse the current decline in penguin population numbers.” In addition, the fishing levels of small pelagic fish in South Africa are well managed and are light by international standards.

We are especially pleased that this settlement will now allow scarce resources to be used constructively to scientifically determine the principal factors causing the decline in the penguin population and to ameliorate those where possible. Consistent with our past practice, we will positively participate in these forums and are optimistic that major strides will be made in penguin conservation actions.

We remain aligned with the principle that the best available scientific evidence should inform recommendations in fishery resource management.