Today, January 17, 2026, marks a historic turning point for our blue planet as the BBNJ Agreement (the High Seas Treaty) officially enters into force after 20 years of negotiations. For the first time, legally binding rules protect marine biodiversity on the high seas beyond national borders, which is half of our planet. While the news is filled with global diplomacy, in this post, we explore how this landmark treaty can provide a vital safeguard for critically endangered African penguins as they venture farther from shore in search of food. African penguins breed on land in South Africa and Namibia, but they spend much of their lives at sea. They have been tracked up to 600 kilometers (about 373 miles) from their colonies, and some have been recorded traveling over 1,000 kilometers.
Recently uplisted to Critically Endangered, these iconic birds are in a race against time, with experts warning they could face extinction in the wild within a decade. The BBNJ Agreement can help them in four primary ways:
1. Protection of Migratory Corridors
African penguins are not confined to coastal waters; they often travel hundreds of kilometers into international waters to find food.
- High Seas MPAs: Before this treaty, there was no legal mechanism to create Marine Protected Areas (MPAs) in the high seas. The BBNJ allows for the creation of these zones to protect the “marine flyways” and foraging grounds that penguins use outside South Africa’s national jurisdiction.
- Connectivity: By protecting the high seas, the treaty can ensure that penguins’ journeys between their breeding colonies and distant feeding grounds are safe from industrial threats.
2. Management of “Prey Shift” and Climate Change
Climate change is causing the penguins’ primary food sources, sardines and anchovies, to shift their ranges, often moving farther offshore or into different currents.
- Adaptive Governance: The BBNJ provides a framework for managing biodiversity in areas where species are shifting due to warming oceans. This prevents a “governance gap” where penguins might follow fish into unprotected international waters.
- Ecosystem Resilience: By protecting the broader Benguela Current ecosystem from overexploitation, the treaty helps maintain its delicate balance, which is vital to penguin survival.
3. Regulation of Emerging Threats
The treaty introduces mandatory Environmental Impact Assessments (EIAs) for activities in international waters.
- Noise and Pollution: Large-scale shipping, deep-sea mining, or new industrial activities in the high seas can cause noise pollution and oil spills. The BBNJ ensures these activities are evaluated for their impact on migratory species, such as the African penguin, before they proceed.
4. Strengthening African Ocean Governance
The BBNJ Agreement includes provisions for capacity building and technology transfer.
- Scientific Support: It helps African nations access better satellite tracking and marine data. This allows conservationists to see exactly where penguins go in the high seas, providing the evidence needed to advocate for specific “no-take” zones or adjustments to shipping lanes.
Important Distinction: The 2025 High Court Victory
It is worth noting that while the BBNJ protects the high seas, a separate landmark legal victory occurred in March 2025 within South Africa’s own borders. The Pretoria High Court ordered 10-year fishing closures around six major breeding colonies.
How they work together:
- National Laws: Protect penguins while they breed and forage near the shore.
- BBNJ Treaty: Protects them when they venture into the deep ocean to feed or migrate.