Stricter regulations on offshore ship-to-ship transfers proposed to protect South Africa’s fragile marine ecosystems.

2025 is shaping up to be a big year for regulations to give critically endangered African penguins a fighting chance. Earlier this year, the South African government instituted meaningful no-take fishing zones. Now the government is proposing stricter regulations for ship-to-ship fuel transfers, a source of oil and noise that threatens fragile marine ecosystems.

Ship-to-ship bunkering

Ship-to-ship bunkering is a form of ship-to-ship transfer that allows vessels to refuel at sea, bypassing costly port fees and accelerating turnaround times. But its impact is effectively eradicating a variety of endangered species inhabiting Algoa Bay.

The Department of Forestry, Fisheries and the Environment has released new draft regulations, underscoring the minister’s “steadfast commitment” to protecting South Africa’s marine biodiversity, with a particular focus on the critically endangered African penguin.

For years, offshore bunkering in South African waters has stirred fierce environmental alarm. The refuelling of ships at sea isn’t just a logistical shortcut—it’s been directly tied to a troubling surge in oil spills, rising underwater noise pollution, and a devastating collapse in African penguin numbers, particularly in the fragile ecosystem of Algoa Bay.

A central point of contention has long been the absence of ship-to-ship bunkering from the Environmental Impact Assessment regulations under South Africa’s National Environmental Management Act of 1998. This regulatory gap allowed operations to proceed without rigorous evaluation of their direct, indirect, or cumulative impacts, effectively sidelining key stakeholders and environmental oversight.

The Biodiversity Law Centre has repeatedly called for bunkering to be urgently integrated into the nation’s environmental regulatory framework. Since 2016, four major oil spills have devastated seabird populations, and the African penguin colony on St Croix Island, once the largest of its kind, has declined by an alarming 85%, a drop directly tied to bunkering activities in Algoa Bay.

According to George, a total of 260 endangered African penguins and other marine animals were affected by these four spills alone.

Announcing the second round of draft regulations, George emphasized: “The African penguin is an iconic species—its survival is non-negotiable. These new proposals mark a vital step toward balancing sustainable maritime practices with environmental protection, ensuring our marine ecosystems remain resilient for generations to come.”

Environmental management plan

An independently developed and minister-approved environmental management plan (EMP) is now required for all offshore bunkering operations.

No bunkering is allowed without an EMP developed by an independent specialist and approved by the minister before operations begin. The minister may approve, refer back for amendments, or reject the EMP. The EMP must include:

Site-specific environmental and ecological risk identification by an independent specialist, along with environmental management and mitigation measures to avoid or minimise the identified risks;
A wildlife preparedness and response strategy based on international guidelines, with a wildlife response programme by an experienced organisation;
A comprehensive contingency plan that includes risk assessment of spills and expected consequences and operational protocols for spill response. In addition, details of oil spill response vessels and personnel must be on site;
Underwater noise mitigation and management measures;
Emergency response procedures for collisions or entanglements involving marine mammals, turtles, or seabirds; and
A monitoring programme to measure parameters such as surface currents, oil spills and noise, and to assess impacts on marine life, including oiled seabirds.

Meaningful Penalties

Until now, bunkering outside harbours has operated in a regulatory grey area, with limited oversight and inconsistent standards for spill response, wildlife protection and noise mitigation.

If a person contravenes the regulations, they may be convicted of an offence and may be sentenced to a maximum fine of R2-million, imprisonment for a maximum period of five years, or both a fine and imprisonment.