New Ship-to-Ship transfer regulations: a balancing act between economy and ecology
In a significant move for the maritime and conservation sectors, Minister of Environment, Forestry and Fisheries, Dion George, formally enacted the new Ship-to-Ship Transfer Regulations on 22 August 2025. The ceremony took place aboard the government-owned research vessel, the SA Agulhas II, bringing together scientists, conservationists, fishing industry representatives, and government officials in a reluctant agreement overshadowed by pressing ecological concerns.
These new regulations allow for the refuelling of one ship by another outside of harbours, primarily aimed at reducing time and operational costs for the refuelling vessel. While this practice, termed offshore bunkering, currently occurs only in Algoa Bay, it has sparked intense debate regarding its implications for local ecosystems, particularly the critically endangered African Penguin population.
Conservation organisations, including BirdLife South Africa and SANCCOB, have long opposed bunkering in Algoa Bay, especially following the Ecological Risk Assessment (ERA) released in February 2024. The findings highlighted a direct correlation between increased bunkering activity and the substantial decline of the African Penguin population near St Croix Island—once home to nearly 8,000 breeding pairs in 2015, now reduced to a mere 700 pairs.
Critics argue that while the economic benefits of these regulations may serve fuel suppliers and shipping companies, the inherent risks to marine ecosystems, such as oil spills and noise pollution, are disproportionately borne by the environment. Since bunkering operations began in Algoa Bay in 2016, four significant oil spills have contaminated local waters, affecting hundreds of penguins and seabirds, further jeopardising the survival of this fragile species.
Minister George’s regulations, initially put forth for public comment in February 2025, faced considerable backlash; while conservationists feared ecological ramifications, the bunkering industry lamented the stringent controls. The final version signed on Friday evening, however, presented several leniencies towards the industry that raise alarm among environmentalists.
The revised regulations include controversial exemptions for operations in Algoa Bay from several protective prohibitions, disregarding the threats to the penguin colony. Concerns have also been raised over provisions allowing nighttime transfers—a risk-laden activity that hampers spill detection and impedes response efforts, especially under adverse weather conditions. Furthermore, while the ERA recommended halting bunkering when wave heights exceed one metre, the new rules permit operations in swells up to two metres.
Experts underscore that despite proposed seasonal restrictions aimed at protecting the penguin breeding period, the reality is more complex. African Penguins forage in Algoa Bay year-round, meaning the limitations may fail to achieve their intended protective outcomes.
Moreover, the absence of significant measures to address vessel noise pollution—an overlooked but critical element affecting marine life—has alarmed conservationists. The lack of mandated speed restrictions and the removal of compliance with International Maritime Organization guidelines only exacerbate the uncertainty for the species.
Dr Alistair McInnes, Seabird Conservation Programme Manager at BirdLife South Africa, notes that protective measures around breeding colonies could prove futile unless bunkering threats are effectively managed. Nicky Stander, Head of Conservation at SANCCOB, also echoed these sentiments, emphasising that the comprehensive impact of increased vessel traffic—beyond just those involved in the transfer operations—heightens pressures on the vulnerable penguin population.
Both regional conservation groups advocate for the urgent use of regulatory powers to prohibit bunkering under environmental protection laws. As the government grapples with balancing economic interests against ecological preservation, SANCCOB and BirdLife South Africa remain committed to holding officials accountable while remaining open to partnerships that prioritise the survival of the African Penguin.