May 7, 2026

Update: Brazil – Biofouling Regulations Effective June 2026

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Brazil will enforce new biofouling regulations under NORMAM-401 from 10 June 2026, introducing stricter compliance requirements for vessels calling Brazilian ports. These rules align with IMO Resolution MEPC.207(62) but now carry national enforcement measures, including significant penalties for non-compliance. For background, please refer to the original advisory https://www.iss-shipping.com/advisories/brazil-new-hull-fouling-regulations/.

Key Updates from Latest Guidance

  • Sanctions for Non-Compliance:
    • Monetary fines up to BRL 2 million.
    • Possible vessel detention, with aggravated penalties for repeat offences.
  • Enforcement Status:
    • No official instructions yet on:
      • How inspections will be conducted.
      • Which documents will be systematically requested.
      • Whether fines/detention will be immediate or if corrective measures (e.g., hull cleaning) will be allowed first.
    • Clarification requested from the Directorate of Ports and Coasts (DPC); updates will follow once received.
  • Compliance Focus:
    • Maintain a Biofouling Management Plan and Record Book onboard.
    • Hull condition should remain within acceptable limits (microfouling only).
    • Cleaning required only if macrofouling (Level 2 or above) is identified, subject to prior authorisation.
  • Alignment with IMO Guidelines:
    • Requirements mirror IMO Resolution MEPC.207(62).
    • Most vessels already operating under IMO standards should be compliant.
  • Current Understanding:
    • Regulation aims at preventive compliance, not immediate restriction of port calls.
    • Mandatory enforcement begins 10 June 2026.

Observation – Vessels subject to Environmental Licensing:

  • The DPC clarified that vessels engaged in activities that require an Environmental License such as subsea cable laying, seismic and survey operations are not subject to Chapter 4 of NORMAM-401 (Biofouling).
  • For these vessels, all matters related to hull condition, marine growth and environmental risks are governed exclusively by the conditions of the Environmental License issued by the competent environmental authority, and not by the biofouling requirements of NORMAM-401.

Cabotage vessels operating within the same biogeographical region

The DPC further clarified that vessels engaged exclusively in cabotage operations within the same biogeographical region of Brazilian Jurisdictional Waters (AJB) are subject to a simplified scenario.

For such vessels, inspection and/or hull cleaning would only be required in the following situations:

  • Departure from and re-entry into Brazilian Jurisdictional Waters (AJB);
  • Transit between different biogeographical regions; or
  • Expiration of the validity of the latest inspection/cleaning report.

The DPC additionally clarified that the validity of the report may expire in the following situations:

  • Upon completion of 1 year from the inspection date; or
  • If the vessel remains stationary (below 10 knots for 15 consecutive days), or operating below the operational profile established by the AFS manufacturer and described in the Biofouling Management Plan.

Once the report validity expires, a new inspection/cleaning report will be required in order to:

  • Transit between different biogeographical regions; or
  • Re-enter Brazilian Jurisdictional Waters (AJB).

The DPC also clarified that NORMAM-401 does not provide for the issuance of exemption certificates, exception letters, or any equivalent document by the Maritime Authority for these cases.

Brazilian biogeographical regions

According to Chapter 4 of NORMAM-401, the Brazilian coast is divided into three main biogeographical regions for biofouling management purposes:

North Region

Area between the Amazon Maritime Basin (Amazon River Mouth) and the Barreirinhas Maritime Basin, limited to the east by the Ceará Maritime Basin (Alto de Tutóia).

Northeast Region

Area extending from the Ceará Maritime Basin (starting at Alto de Tutóia) up to the Mucuri Maritime Basin (Mucuri River).

Southeast-South Region
Area extending from the Espírito Santo Maritime Basin (limited to the north by the Mucuri River, southern limit of Bahia State) up to the Pelotas Maritime Basin (limited to the north by the South Atlantic Subtropical Convergence Zone – parallel 28° S – and extending southwards to the border with Uruguayan territorial waters).

Illustrative Map – Brazilian Biogeographical Regions (North, Northeast and Southeast-South)

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