Biofouling management in vessels continues to advance within the Brazilian maritime regulatory framework. The postponement of the enforcement of penalties and administrative sanctions established under NORMAM-401/DPC until January 10, 2028, was formally enacted through Ordinance No. 476/DPC/DGN/MB, dated June 3, 2026.
The measure had previously been communicated to the industry during the presentation of the survey results conducted by the Directorate of Ports and Coasts (DPC), at an event organized by SINDANAVE-RS in conjunction with the Rio Grande do Sul Port Authority (CPRS) on May 29, 2026.
Despite the extension granted for the commencement of penalties, the regulation remains fully effective and already requires immediate attention from shipowners, operators, shipping agents and maritime service providers.
The new deadline grants the sector an additional adjustment period; however, it does not waive the obligation to implement the procedures established under the regulation. The revised timeline postpones the enforcement of administrative sanctions by approximately 18 months. Such penalties may reach substantial amounts, potentially up to BRL 50 million in certain cases.
NORMAM-401 incorporated into the Brazilian maritime legal framework the international guidelines issued by the International Maritime Organization (IMO) regarding ship biofouling management. Its primary objective is to mitigate the transfer of invasive aquatic species between ecosystems, a phenomenon globally recognized as one of the main vectors of environmental impact within the marine environment.
Mandatory Documentation
Vessels exceeding 24 meters in length are required to maintain onboard specific documentation related to biofouling management.
Among the mandatory documents is the Biofouling Management Plan (BMP), a relatively straightforward document to be prepared by the vessel itself. NORMAM-401 does not establish a mandatory template or standardized form, requiring only that the plan contains the information set forth in IMO Resolution MEPC.378(80) and Annex H of the regulation. For inspection purposes, the document may be maintained either in Portuguese or English.
Vessels must also maintain a Biofouling Record Book (BRB), likewise considered a simple document under the responsibility of the vessel. Records may be kept in either physical or digital format and must include information concerning inspections, cleaning operations, maintenance activities and any other events related to biofouling control. As with the BMP, the BRB may be maintained in Portuguese or English, and no formal model has been established by the Brazilian Maritime Authority.
Another key document is the Inspection or Cleaning Report, intended to demonstrate that the vessel presents a fouling rating equal to or below Level 1, characterized as microfouling. The report remains valid for one year after being uploaded into the Porto Sem Papel (PSP) system, provided the vessel does not remain idle for more than 15 consecutive days, in which case it will be classified as a stationary vessel.
Preventive and Corrective Cleaning Procedures
The regulation establishes distinct procedures for preventive and corrective cleaning operations. Its primary purpose is to encourage the adoption of preventive biofouling management practices, thereby reducing the need for corrective interventions and strengthening the culture of marine environmental protection.
Although NORMAM-401 has been in force since June 10, 2025, the enforcement of penalties and sanctions has now been postponed until January 2028, allowing the industry a transition period for the implementation of procedures, staff training and documentary compliance.
The message conveyed by the Brazilian Maritime Authority is clear: the transition period should be used to consolidate environmental management best practices rather than merely postpone regulatory compliance.
For preventive cleaning operations, prior authorization from the Maritime Authority is not required, with only prior notification to the Brazilian Navy at least ten days in advance being mandatory.
Corrective cleaning operations, however, applicable when the hull presents a fouling rating equal to or above Level 2, require prior authorization and become mandatory before the vessel may navigate between distinct biogeographic regions along the Brazilian coast.
The regulation also provides for exceptional situations. Where a vessel can demonstrate that fouling occurred during an extended stay at a Brazilian port, it may continue operating within the same biogeographic region without immediate cleaning requirements. Nevertheless, regularization must occur before navigation to another region.
Another exceptional situation arises when, for justified reasons, the vessel is unable to perform the mandatory cleaning within the same biogeographic region. In such cases, cleaning operations may be authorized in another bioregion, subject to prior approval by the local Maritime Authority.
Likewise, vessels arriving in Brazil without the required report may, under justified circumstances, carry out the inspection at their first Brazilian port of call upon request to the competent authorities.
Infrastructure Remains a Sector Challenge
One of the main concerns raised by the industry involves the availability of adequate infrastructure for cleaning operations involving containment and capture of biological residues — particularly corrective cleaning procedures.
Underwater inspections and cleaning operations may only be conducted by companies certified by the Directorate of Ports and Coasts (DPC), holding both the Diving System Safety Certificate (CSSM) and the Diving Company Registration Certificate (FCEM).
However, not all Brazilian ports currently provide licensed areas or adequate infrastructure for cleaning operations involving containment and capture of removed organisms. In such circumstances, specialists recommend formally reporting the matter to the DPC for assessment as a regulatory gap and for the issuance of specific guidance.
Among the issues that may still require additional clarification from the DPC is the situation involving so-called “super cabotage” operations, consisting of maritime routes conducted by vessels originating from neighboring countries while operating regular services between Brazilian ports located in different biogeographic regions.
Based on the literal interpretation of NORMAM-401, each re-entry of the vessel into Brazilian Jurisdictional Waters (AJB), after a brief passage through foreign waters, could potentially trigger the requirement for a new inspection and the issuance of a new Inspection or Cleaning Report. This circumstance may require further assessment regarding its practical operational applicability.
Another relevant aspect is that the definition of authorized areas for vessel cleaning operations falls under the responsibility of port authorities and terminal operators, rather than directly under the jurisdiction of the Port Captaincies.
Shipping Agents Assume a Strategic Role
The implementation of NORMAM-401 further reinforces the strategic role of shipping agents in coordinating regulatory compliance requirements.
In addition to monitoring mandatory vessel documentation, shipping agents are expected to play a relevant role in communications with authorities, submission of information through the Porto Sem Papel (PSP) platform and management of exceptional situations contemplated under the regulation.
Although enforcement penalties have been postponed until January 2028, the transition period should be used to review internal procedures, train operational teams and develop operational solutions capable of ensuring future compliance.
According to Diego Fernandez, a lawyer specialized in Maritime and Port Logistics Law, “the postponement of sanctions does not mean postponement of obligations. The sector should use this period to adequately prepare itself, implement internal procedures and consolidate a culture of regulatory compliance and environmental protection, thereby avoiding operational difficulties once the penalties become effectively enforceable.”
The new deadline represents an important opportunity for sector adaptation, but it does not eliminate the need for immediate implementation of the measures established under NORMAM-401, which has already become a key regulatory reference for biofouling management in Brazilian maritime transportation.