The organisations had sought from the court to review and set aside the decision by former minister Barbara Creecy “which was not biologically meaningful”, citing that the decision was irrational and unlawful.

BirdLife SA and Sanccob called for the proper implementation of the constitutionally enshrined precautionary principle, which required decision-makers to exercise a “cautious approach in the face of possible environmental harm” to protect threatened species and prevent their extinction.

The in-principle settlement agreed on the following island closures:

Dassen Island: Interim closure as per current permit conditions.
Robben Island: A 20km closure, consistent with the Island Closure Experiment.
Stony Point: Closure as depicted by the black hatched line in the agreed diagram, applicable to all fishing vessels.
Dyer Island: Interim closure as reflected in current permit conditions.
St Croix Island: Closure delineated by coordinates (western boundary: 25°45'E; southern boundary: 34°01' to 25°50'E; southern boundary east: 33°59' to 25°59'E; eastern boundary to MPA: 25°59'E).
Bird Island: A 20km closure radius from the lighthouse, as implemented during the Island Closure Experiment.

These measures are now subject to being made an order of the court.

CapeNature said it is thankful that the government, seabird conservation organisations, and the pelagic fishing industry have worked together.

“This agreement, pending final legal formalities, is an important step forward in protecting the future of African Penguin colonies, including those at provincially managed conservation nodes such as Stony Point Nature Reserve, Dyer Island, and Dassen Island.

“Breeding colonies here will benefit from continued protection measures and accessing more of their preferred prey – sardines and anchovies – from these closures. There are also significant management challenges, other than food sources, that need to be addressed if this species is to survive extinction,” CapeNature said.

Western Cape MEC for Local Government, Environmental Affairs and Development Planning, Anton Bredell, said: “This is a move in the right direction for the African Penguin. The agreement is a positive indication that all parties are engaging and want to contribute to the conservation effort.”

chevon.booysen@inl.co.za