Forestry, Fisheries and the Environment Minister Dr Dion George has issued a government notice to publish the second draft of regulations for the Environmental Management of Offshore Ship-to-Ship Transfers for public comment.

The regulations introduce a risk-based system to prevent and reduce the harm that offshore ship-to-ship transfers, including bunkering, can cause to marine and coastal ecosystems.

Where impacts cannot be avoided, the regulations aim to minimise and remedy them. This is particularly important for areas such as Algoa Bay, which is home to the world’s largest breeding colonies of African penguins.

The first draft of the regulations was published for public comment on February 21.

The second draft of the regulations follows wide consultation with key partners such as the South African Maritime Safety Authority, Transnet National Ports Authority, the Department of Transport, South African National Parks and environmental MECs from the four coastal provinces in the country.

Key updates in the second draft of the regulations include renaming the regulations from “bunkering” to “ship-to-ship transfer” for clarity; clearer definitions and application to all people and government bodies; a reduced exclusion zone: three nautical miles from the high-water mark, instead of five; and removed references to Critical Biodiversity Areas owing to a lack of legal clarity.

The second draft of the regulations also provides 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 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.

Moreover, the regulations require that hydrophones replace sonobuoys to reduce underwater noise and that oil spill response vessels must now be on standby within 30 minutes, instead of being present on site.

George says these changes strike a balance between safeguarding the environment and maintaining the economic value of the maritime industry.

Since bunkering began in Algoa Bay in 2016, four oil spills have affected 260 endangered African penguins and other marine life.

The new rules include strict requirements for environmental management plans, wildlife monitoring and spill response to prevent further harm.

Building on the progress of the penguin litigation that the Department of Forestry, Fisheries and the Environment (DFFE) successfully settled in March this year, these draft regulations are another strong step towards protecting marine life.

The DFFE was part of negotiations between conservation groups such as BirdLife South Africa, the Southern African Foundation for the Conservation of Coastal Birds and the fishing industry to establish no-take zones for fishing around specific breeding sites of penguins. The settlement was endorsed by the Pretoria High Court.

“The department is committed to ensuring that iconic species such as the African penguin can thrive, while supporting sustainable use of ocean resources,” George states.