Efforts to save the critically endangered African penguin advanced on Tuesday as South African conservationists and fishing industry groups reached a legal agreement on no-fishing zones around six key breeding colonies.

Under the agreement, sardine and anchovy fishing is prohibited within 12 miles (20 km) of the penguin colonies on Robben Island near Cape Town, and Bird Island, across the bay from Gqeberha (formerly Port Elizabeth). More limited fishing restrictions will apply to four additional colonies, as outlined in a court order formalising the settlement.

For years, conservationists and the fishing industry have clashed over the impact of commercial fishing on the African penguin’s rapid population decline and whether fishing restrictions could slow the fall.

African penguins face extinction by 2035 if their population continues to shrink at its current rate of 7.9% per year. Fewer than 10,000 breeding pairs remain today—down from 1 million a century ago.

Nicky Stander, head of conservation at the Southern African Foundation for the Conservation of Coastal Birds (SANCCOB) said: “Today’s order is a significant step forward in our fight to save the African Penguin from extinction … However, while we celebrate today’s success, we remain acutely aware that our journey is far from over. The threats facing the African Penguin are complex and ongoing.”

The South African Pelagic Fishing Industry Association and the Eastern and Southern Cape Pelagic Association welcomed the “middle of the road compromise,” which will be in place for 10 years and reviewed after six years.

They said: “The perception that the fishing industry (or that fishing near to breeding sites) is the primary cause of the decline in the penguin population is a false one … We are especially pleased that this settlement will now allow scarce resources to be used constructively to scientifically determine the principal factors causing the decline in the penguin population and to ameliorate those where possible.”

South Africa’s environment minister, Dion George, said: “This agreement is a testament to what can be achieved when industries and conservationists unite for a common cause. It delivers on the DFFE’s vision of protecting our penguins and preserving our biodiversity, while ensuring the sustainability of our fishing industry.”

The agreement follows a legal challenge brought by two NGOs—BirdLife South Africa and SANCCOB—against the environment minister’s predecessor, Barbara Creecy, in May 2024. They argued she failed to implement “biologically meaningful” fishing restrictions around the six colonies, which host 76% of the African penguin population. After taking office in July, the current minister, George, sought an out-of-court settlement.

“It is good to hear that the island closures have been agreed at last,” said Bob Furness, a University of Glasgow emeritus professor, who was part of an independent panel that in 2023 recommended the fishing closures but said the conservation benefits would be “small”.

“These alone may not be sufficient if penguins continue to be under pressure from many factors and in particular if sardine total stock biomass remains vulnerable to overexploitation at low stock abundances.”

Beyond fishing, other threats to the African penguin include climate change, land-based predators, and noise pollution from ship-to-ship refuelling near Gqeberha.

The fishing closures now needed to be monitored, said Phil Trathan, a visiting professor at Southampton University, who was also part of the expert panel: “It is now critical that the focus now turn to examining the industrial fisheries for sardine and anchovy.”

The environment ministry has not indicated whether further measures to control sardine fishing are under consideration.