1. Overview

The Brazilian Maritime Authority (DPC) has introduced biofouling management requirements for ships calling at or operating in Brazilian waters, in line with the IMO 2023 Biofouling Guidelines (MEPC.378(80)).

These requirements were published through the revised NORMAM-401/DPC on 10 June 2025, and have been in effect since 17 June 2025, with full enforcement - including penalty provisions - applicable from 1 February 2026.

2. Scope of Application
The regulation applies to all ships over 24 metres in length that meet either of the following conditions:
  • Enter, anchor, navigate, or moor within Brazilian jurisdictional waters (internal waters, territorial

    sea, or exclusive economic zone)
  • Navigate between distinct biogeographical zones along the Brazilian coast.

3. Exemptions
The following ships are exempt from the requirements:
 1) Brazilian Navy ships or other non-commercial government-owned vessels
 2) Ships that have not re-entered foreign waters after dry-docking
 3) Offshore platforms and associated support vessels undergoing environmental licensing 

      procedures
 ※ Exempted ships must still take precautions to avoid the discharge of harmful residual 

      substances.

4. Exceptional Situations
The following situations are considered exceptions and are not subject to standard procedural requirements. However, immediate notification to the maritime authority is mandatory:
 1) Force majeure events or emergencies to protect human life or ship safety
 2) Cases where biofouling controls cannot be implemented due to life-saving operations
 3) Unintentional release of organisms resulting from marine incidents

5. Ship Requirements
 1) BFMP and BFRB
  • Ships must maintain an approved Biofouling Management Plan (BFMP) and a Biofouling 

    Record Book (BFRB), documenting hull inspections, cleaning activities, coating maintenance, 

    etc.
 • The plan and records must include measures not only for the hull surface but also for niche 

   areas, defined as structural "blind spots" that are difficult to clean and prone to fouling (e.g. sea 

   chests, rudders, propeller shafts, inlets/outlets, thrusters, etc).
 2) Clean Hull Standard
 • The vessel must maintain a fouling rating of 1 or below, meaning only slime layers (microfouling)

   are permitted.

 • If a fouling rating of 2 or above is observed, in-water or dry-dock cleaning must be conducted 

   prior to arrival or before navigating between biogeographical zones.
 3) In-Water Cleaning Approval
 • If in-water cleaning is planned, the operator must apply for approval from the local maritime 

   authority at least 10 days prior to the scheduled cleaning date.
 • Use of capture and recovery systems is mandatory. Cleaning is not permitted in sensitive or 

   protected areas.
 • The application must include a cleaning plan, recent underwater photos, BFMP, BFRB, port call 

    history, and relevant equipment specifications.
 ※ IMO MEPC.1/Circ.918 is recommended as non-binding guidance for in-water cleaning  

     operations, while the enforceable requirements are defined under NORMAM-401/DPC.

6. Penalties
 1) Violations are subject to fines of up to BRL 2,000,000, and up to BRL 50,000,000 in cases of

     serious environmental damage.
 2) Fines may be tripled in cases of repeat offenses or doubled if the operator has a record of 

     environmental violations in the past five years.
 3) Appeals may be submitted to the local maritime authority or the DPC.

7. References
• NORMAM-401/DPC, Chapter 4 (Brazilian Maritime Authority Regulation)
• Proinde Circular 2502 (24 June 2025)
※ Ship operators are advised to check hull condition in advance and, if in-water cleaning is required, begin the approval process well ahead of the scheduled cleaning date.

Shipowners and operators are kindly requested to review the information above and refer to the attached notice for for further details.

[Responsible Department: KR Convention & Legislation Service Team]