SA Tightens Rules on Offshore Ship Transfers to Protect Oceans, Penguins

The rules are particularly significant for Algoa Bay, one of the world’s richest marine biodiversity hotspots and home to the largest African Penguin colony.

South Africa has taken a bold step to protect its coastal waters and vulnerable marine wildlife with the introduction of strict new environmental regulations governing offshore ship-to-ship (STS) transfer operations. Signed by the Minister of Forestry, Fisheries and the Environment, Dr Dion George, the rules carry heavy penalties for violations – including fines of up to R2 million, imprisonment of up to five years, or both.

The regulations, issued under the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008), aim to safeguard marine ecosystems, prevent pollution, and secure the survival of endangered species such as the African Penguin. They will come into effect once published in the Government Gazette.

Safeguarding South Africa’s Marine Heritage

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

The rules are particularly significant for Algoa Bay, one of the world’s richest marine biodiversity hotspots and home to the largest African Penguin colony. The area has faced growing environmental pressure from maritime activities, including bunkering operations, which involve the transfer of fuel between vessels at sea.

Key Features of the Regulations

The regulations establish a comprehensive environmental management framework for STS operations, with strict conditions designed to reduce ecological risks:

• Prohibited zones: Transfers are banned in marine protected areas (MPAs), aquaculture development zones, within five nautical miles of these areas, and within three nautical miles of the high-water mark.

• Wildlife protection: Operators must actively monitor for penguins, whales, dolphins, and seals. They are required to deploy hydrophone systems, report sightings and incidents, and prepare immediate wildlife rescue responses for injured or oiled animals.

• Weather restrictions: In Algoa Bay, STS transfers may only occur in calm conditions – wind speeds below 22 knots and wave heights under two metres. The Minister may enforce additional weather-related conditions in other locations.

• Pollution control: Operators must install drip trays and leak detection systems, deploy inflatable booms to contain spills, and maintain a spill-response vessel on standby within five nautical miles of shore.

• Training and compliance: All crew members must undergo environmental awareness training. Operators must also submit a Minister-approved, independent Environmental Management Plan (EMP) tailored to the risks of each site.

• Algoa Bay limits: Operations are confined to designated anchorages with caps on the number of tankers and operators. Seasonal restrictions apply in Anchorage Area 2 to protect sensitive seabird and marine habitats.

Protecting the African Penguin

The African Penguin (Spheniscus demersus), listed as endangered on the International Union for Conservation of Nature (IUCN) Red List, has seen its population plummet due to overfishing, habitat loss, and oil spills. Algoa Bay is one of its last strongholds, making the new regulations critical to ensuring the species’ survival.

By tightening controls on STS operations, government officials hope to reduce one of the growing threats to the species – fuel pollution from ship transfers. “Every measure we take now is an investment in preventing extinction and ensuring that future generations inherit thriving coastal ecosystems,” George noted.

Balancing Economy and Ecology

While the regulations place stricter limits on offshore fuel transfers, they also provide legal certainty for operators, establishing clear conditions for compliance rather than leaving decisions to case-by-case approvals. This balance between economic activity and ecological protection is intended to sustain South Africa’s role in global shipping while ensuring that environmental risks are effectively managed.

Enforcement and Next Steps

The Department of Forestry, Fisheries and the Environment (DFFE) has indicated that it will work closely with enforcement agencies, maritime authorities, and environmental watchdogs to ensure compliance. Operators found in violation will face serious legal consequences, reinforcing government’s commitment to zero tolerance for marine pollution.

The regulations, available on the DFFE website, mark one of the most significant updates to South Africa’s marine environmental law in recent years and reflect a broader global trend of tightening controls on maritime pollution.

Access the signed regulations here: Environmental Management of Offshore Ship-to-Ship Transfers Regulations.