South African Court: No Liability for Fishing Industry in Sardine Mortality Event

• No dead or dying sardines have been reported since August 6, suggesting the mortality event has run its course.
• During the event, the Department of Forestry, Fisheries and the Environment (DFFE) urged the public not to collect or consume dead fish found on beaches.
• Healthy sardines from Elands Bay and Lambert's Bay are being collected for comparison with those affected by the mortality event.
• Preliminary results indicate no harmful-algal cause, but Alexandrium catenella has not been ruled out as a possible cause.

The presence of Alexandrium catenella, a harmful alga previously linked to sardine mortalities in South Africa, has not been detected in water samples or sardine stomach contents examined to date.

The investigation into the sardine mortality event along the Western Cape coast has concluded, with no clear cause definitively identified. The Department of Forestry, Fisheries and the Environment (DFFE) has been collecting samples from various locations, including Saldanha Bay, Hout Bay, Betty's Bay, Gansbaai, and the Cape Canyon area. These samples were tested for disease and marine biotoxins, with preliminary results indicating no harmful-algal cause. The presence of Alexandrium catenella, a harmful alga previously linked to sardine mortalities in South Africa, was not detected in water samples or sardine stomach contents examined. The investigation was led by the DFFE in collaboration with research institutions, specialist laboratories, and the fishing industry.

During the investigation, the Department of Forestry, Fisheries and the Environment (DFFE) urged the public not to collect or consume dead fish found on beaches, as a precautionary measure. Healthy sardines from Elands Bay and Lambert's Bay were collected for comparison with those affected by the mortality event. The DFFE scientists examined water samples, stomach contents, and gills for evidence of harmful algae, while basic biological examinations were undertaken to assess the condition and maturity of the affected sardines. The investigation also considered oceanographic factors, including enhanced upwelling, unusually cold nearshore water, and low oxygen in St Helena Bay before the event.

The investigation into the sardine mortality event had significant implications for food safety regulations and the fishing industry's liability. Lawyers and compliance officers should monitor the situation closely, as any updates on the cause of the event could have far-reaching consequences for the industry. The South African Institute for Aquatic Biodiversity (SAIAB) and Rhodes University are undertaking disease testing, while SAIAB and a specialist commercial laboratory are screening samples for marine biotoxins. The department's scientists are working closely with the fishing industry to ensure that any necessary measures are taken to protect public health and prevent further harm to the sardine population.

Lawyers and compliance officers should monitor the ongoing investigation for any updates on the cause of the sardine mortality event, which could have implications for food safety regulations and the fishing industry's liability.

Source: Original reporting via DFFE