The endearing African penguins, which attract thousands of tourists to their colony in Boulders, Simon’s Town, as they waddle, plunge and bray like jackasses, are in deep trouble. 

In the last 100 years, almost 97% of their population has crashed out of existence. There are estimated to be fewer than 10,000 breeding pairs left.

In an attempt to halt their decline to extinction, BirdLife South Africa and the Southern African Foundation for the Conservation of Coastal Birds (Sanccob) are taking legal action against the Department of Forestry, Fisheries and the Environment to implement no-catch zones by purse seine boats of sardines and anchovies around six breeding sites.

The NGOs argue that current closures – under which fishing is prohibited around some colonies – are neither extensive enough nor in the right locations to protect the penguin population fully. 

Their lawyers are demanding the immediate implementation of “biologically meaningful” closures.

Penguin colonies in relation to South Africa’s exclusive economic zone with purse seine catches shown as black dots. (Graphic: BirdLife SA)

“A leading cause of the decline in population is food shortages,” says BirdLife CEO Mark Anderson. 

“[We] have made the difficult and unprecedented decision to take the office of the minister responsible for the environment to court.”

The purse seine industry, which operates between Hondeklip Bay on the West Coast and Port Alfred in the Eastern Cape, is the largest industrial fishery in South Africa. Around 80% of its landed catch is sardines and anchovies, the latter largely used as fish meal, dog and cat food or fertiliser. Sardine populations are no longer viable.

When earlier closures around some penguin colonies were found to be defective, an international review panel was set up by Minister Barbara Creecy. She then endorsed its suggestion of long-term closures around six of the country’s largest colonies.

However, industry objections muddied the water. 

Instead of mandating the closures, the minister sent the purse seine industry and seabird scientists back to the negotiating table to design the extent of the closures.

Read more in Daily Maverick: Lawsuit launched against environment minister in bid to halt African penguin extinction

“That put us back into the same position we were in before,” said BirdLife’s Dr Kirsten Day. 

“If they cannot decide on the closures before the fishing licences are due to be renewed, the current interim closures will remain in place and we’ve established they’re not meaningful.”

Stony Point and Dyer Island existing and requested exclusion zones. African Penguin foraging ranges (green shaded areas). (Graphic: BirdLife SA)

Those licences will end in 2033. The African penguin population is decreasing at 7.9% a year and, at that rate, they could be extinct by 2035.

BirdLife SA and Sanccob are therefore going to court to force the minister to immediately implement the recommendations of the international review panel.

“African penguins are not generalists,” says avian scientist Dr Alistair McInnes, “they predominantly feed on sardines and anchovies. They also spend several weeks on land in the moulting season, so they have to stock up beforehand to build sufficient fat reserves. 

“At the end of the moult, they need to hunt effectively to regain weight and build muscle. They require a reliable supply of sardines and anchovies.

St Croix and Bird Island existing and requested exclusion. African Penguin foraging ranges (green shaded areas). (Graphic: BirdLife SA)

Dassen and Robben Island existing and requested exclusion zones. African Penguin foraging ranges (green shaded areas). (Graphic: BirdLife SA)

“For most of this century, sardine stocks have been less than a quarter of the maximum recorded. This has been acknowledged as a threshold for African penguins’ survival, below which penguin mortality has been found to increase significantly.”

Sardines and anchovies migrate down the coasts as a river of life around April to August when they’re targeted by the industry. BirdLife and Sanccob are seeking protections in areas around the six penguin colonies where intensive tracking has established the preferred penguin fishing sites to be located.

“There’s a continuous movement of fish through the system,” said McInnes. 

African penguins are not disappearing by magic. They are being pushed to the brink by human pressure on their food supply and habitats, says avian scientist Dr Alistair McInnes, Dr Kirsten Day and Eleanor Weidman. (Photo: BirdLife SA)

“We are worried about the purse seine industry targeting the migrations before they enter the penguin fishing grounds, of course. We’re looking at a lot of boats. But we know that no-fish zones improve the condition of penguins.

“That’s why we’re pushing this case as a matter of urgency, seeking urgent relief, because with every season that goes by, we’re losing penguins.”

“We’re committed to challenging the passive notion that species go extinct,” said McInnes, Day and Eleanor Weidman in an article in African Birdlife. 

“African penguins are not disappearing by magic. They are being pushed to the brink by human pressure on their food supply and habitats. If we don’t apply maximum pressure on government institutions to act now – and act fast ­– the fate of the African penguin is as good as signed and sealed.”

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Read more in Daily Maverick: Our Burning Planet