Forestry, Fisheries and the Environment Minister Dr Dion George has officially signed the Regulations for the Environmental Management of Offshore Ship-to-Ship Transfer, which will become effective once gazetted.

The signing of the regulations followed a public consultation process undertaken by the Department of Forestry, Fisheries and the Environment (DFFE) and key partners earlier in the year.

The regulations provide a clear and enforceable environmental framework to manage offshore ship-to-ship transfer operations, including bunkering, particularly to prevent pollution and protect coastal ecosystems.

The regulations also contain clauses on minimising and mitigating the impacts of a spill in the unlikely event that one occurs.

With these regulations, George aims to secure the survival of the African penguin and other marine species in the rich biodiverse Algoa Bay and along South Africa’s coastline in general.

Algoa Bay hosts one of the world’s largest breeding colonies of African penguins.

The regulations provide that Algoa Bay operations will be limited to three operators and six tankers, with no transfers allowed in Anchorage Area 2 during penguin breeding season, which is between April 1 and August 31 each year.

Additionally, night operations in Algoa Bay will only be allowed under strict conditions with approved spill detection and recovery plans in place. Operations may also only take place when wind speeds are below 22 knots and wave heights are below 2 m.

Operators are now obligated to monitor for penguins and marine mammals, deploy hydrophone systems and report sightings and incidents. Immediate response plans must be in place for any oiled or injured wildlife.

Ship-to-ship transfers are banned within marine protected areas, aquaculture development zones, within five nautical miles of each of these zones and within three nautical miles of the high-water mark.

Moreover, operators must use drip trays, leak detection systems, inflatable booms and have a spill-response vessel on standby within five nautical miles of the shore.

All crew members must receive environmental awareness training, with operators being required to submit an independent environmental management plan for approval by the Minister, to address site-specific risks.

Noncompliance with the new regulations will be met with penalties of up to R2-million and/or imprisonment for up to five years.

George says the regulations are a decisive step to safeguard South Africa’s oceans and secure the future of marine wildlife, including the African penguin.