Brazil postpones enforcement of fines related to its biofouling regulation

According to NorthStandard’s correspondent, Rabb Carvalho Advocacia, while penalties are postponed, the regulation itself remains in force, and vessels are still expected to comply during this transition period. The decision is intended to give the maritime industry and authorities more time to adapt.

NORMAM-401 aims to reduce the spread of invasive aquatic species through ship biofouling, in line with International Maritime Organization (IMO) guidance. It applies mainly to vessels over 24 metres operating in Brazilian Jurisdictional Waters, with certain exemptions provided within the regulation.

Covered vessels must carry a Biofouling Management Plan and a Biofouling Record Book. These documents are used to demonstrate that proper procedures are in place to monitor, manage, and reduce organism buildup on hulls and submerged structures.

Inspection and cleaning report rules

Vessels must also have a recent inspection or cleaning report showing a biofouling level of 1 (microfouling) or lower. The report must include high-resolution photos or videos, is valid for one year (provided the vessel is not stationary for more than 15 consecutive days), and must be uploaded to the Porto Sem Papel platform for clearance and control procedures.

Exceptional procedures at first port of call

If a vessel does not have a valid report before entering Brazilian waters or moving between biogeographical regions, the inspection may be carried out at the first port of call in Brazil. If biofouling level 2 or higher is found, corrective action is required, reinforcing the importance of proper preparation, especially for international and long-idle voyages.

Transition period for industry preparation

Although penalties are delayed, compliance obligations remain active.

The period until January 2028 should be treated as a preparation window for shipowners, operators, agents, and terminals to update procedures, strengthen documentation routines, and train staff. Early compliance is encouraged to reduce future risks of delays, sanctions, and operational disruption.