In a South African first, the Cape of Good Hope SPCA commissioned a short-term study of the effects of fireworks on marine wildlife. This came after our High Court application to stop a New Year’s fireworks display at the V&A Waterfront at midnight on December 31, 2023, was denied.
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The reasons for the dismissal, as handed down Judge LG Nuku, included the SPCA’s evidence regarding the reasonable apprehension of harm from fireworks, which was deemed inadequate because it relied on hearsay reports. The Judge also determined that the organisation was entitled to the cost-saving shield provided by section 32 (2) of NEMA because the SPCA approached the court out of concern for the environment and the animals as a last resort. As a result, they were not held responsible for the respondents’ costs in the matter.
The findings of Sea Search’s study confirm what they have always known to be true, and they now have scientific evidence to back up their claim that fireworks cause animal suffering.
The study found that both Hartlaub’s gulls and Cape fur seals (the study’s subjects) responded strongly to the fireworks display, including increased vocal behaviour and a shift from sleeping to vigilant and locomotive behaviour.
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Furthermore, the document emphasises that the rare and impulsive nature of fireworks had a clear short-term impact on the behaviour of the studied species, potentially leading to fear, anticipatory anxiety, and increased stress responses. The study also discovered that the effects of noise on protected species, particularly those that breed on Robben Island, can be long-term and have a negative impact on endangered species populations.
The V&A waterfront is home to several threatened and globally endangered marine and coastal species, and the National Environmental Management Biodiversity Act 10 of 2004 makes it illegal to harass any listed protected or vulnerable species unless it is for scientific, conservation, or management purposes. Harassment is defined as human activity that causes behavioural changes in wild animals, which can result in increased energy use or injury (Webster & Young, 1997). This includes anthropogenic noise disturbance when there is evidence that an animal heard a sound or when their behaviour changes (Bowles, 1995; Cavanagh, 2000; Marine Mammal Protection Act of 1972). The study discovered that fireworks are considered harassment by definition.
In conclusion, the study suggests that fireworks be banned along coastlines and near breeding colonies, roosting sites, and protected areas. This recommendation is made taking into account the presence of sensitive and/or endangered species in the area, as well as the potential effects of fireworks on their behaviour and welfare.
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Picture: Julia Fiander/ Unsplash