【Regulation】 Revision of Brazil's Rules on Marine Biofouling on Vessels

Japan P&I Club provides guidance on the revision of regulations concerning biofouling from vessels in Brazil at the following link:

Brazil－Updated Maritime Authority Standards for Ship’s Biofouling

On June 10, 2025, the Brazilian Navy’s Directorate of Ports and Coasts (DPC) promulgated a new ordinance, DPC/DGN/MB No.180/2025. As a result, Chapter 4 has been newly established in the “Maritime Authority Standards for Prevention of Water Pollution Caused by Vessels and Platforms” (NORMAM-401/DPC), in addition to the existing chapters on oil spills, ballast water management, and harmful anti-fouling systems. Chapter 4 focuses on the management of biofouling on vessels and sets forth requirements for underwater hull cleaning and penalties for violations.

The requirements for underwater cleaning came into effect on June 17, 2025, the date the ordinance DPC/DGN/MB No.180/2025 was published in the official gazette. Full enforcement, including penalties, is scheduled to begin on February 1, 2026.

Below is a summary of the attached Proinde Circular. 

Proinde Circular 24-06-2025 Key Points

• The Brazilian Navy has updated its biofouling management regulations for vessels to align with the IMO’s 2023 Biofouling Guidelines.
• The new regulations are added as Chapter 4 of NORMAM-401/DPC and include provisions for hull cleaning and penalties for violations.
• The regulations apply to all vessels over 24 meters in length that operate, anchor, or berth within Brazilian jurisdictional waters.
• These vessels must maintain a Biofouling Management Plan (BFMP) and a Biofouling Record Book (BFRB), recording inspection, dry-docking, and underwater cleaning history.
• Exceptions include warships, foreign government vessels, and oil/gas platforms undergoing environmental licensing.
• The Brazilian coastline is divided into three marine biogeographic zones, and vessels crossing zones must undergo biofouling assessment.
• If the biofouling assessment results in level 2 or higher (moderate macrofouling or above), cleaning is mandatory.
• Underwater cleaning requires prior authorization from the maritime authority (application recommended 10 days in advance).
• Cleaning within port areas also requires permission from the port authority.
• Underwater cleaning without capture is prohibited, and cleaning may be entirely banned in environmentally protected areas.
• Violations may incur fines up to BRL 2 million, and in cases of serious environmental damage, up to BRL 50 million.
• Penalties may increase up to three times for repeated violations.
• Full enforcement of the new regulations will begin on February 1, 2026.
• Stakeholders are encouraged to adapt to the new procedures during the grace period.