Brazil postpones enforcement of biofouling regulations

The enforcement of penalties under the country’s comprehensive biofouling requirements established in a new maritime authority standard was initially slated for enforcement on 1 February 2026, but has now been postponed until January 2028

Update 1 June 2026:

The Brazilian Navy’s Directorate of Ports and Coasts (DPC) informed the shipping community that enforcement of penalties for breach of the biofouling regulation outlined in the NORMAM-401/DPC has been further postponed until 10 January 2028.

Although no fines will be imposed during this further period of grace, the maritime authority advises stakeholders to comply with the requirements immediately, since the regulation has been in force since June 2025.

The formal notice of the postponement of penalties is expected to be published this week.

Update 15 January 2026:

The Brazilian maritime authority, through the Navy’s Directorate of Ports and Coasts (DPC), has announced a postponement in the enforcement of its comprehensive biofouling requirements, which were previously scheduled to come into effect on 1 February 2026, as detailed in this Circular. These stringent regulations are detailed in Chapter 4 of NORMAM-401/DPC, titled “The Maritime Authority Standards for the Prevention of Environmental Pollution Caused by Ships and Platforms”, issued by the DPC.

Notably, although the International Maritime Organisation (IMO) Resolution MEPC.378(80), which adopted the “2023 Guidelines for the Control and Management of Ships’ Biofouling to Minimise the Transfer of Invasive Species”, remain globally voluntary, Brazil stands out as one of the few nations to mandate these requirements for both Brazilian and foreign-flagged commercial vessels operating in its national waters.

According to Ordinance DPC/DGN/MB 193, issued on 18 December 2025, and published in the Official Gazette on 19 January 2026, the enforcement date for the sanctions outlined in Chapter 4 of NORMAM-401/DPC is set for 10 June 2026. Until that date, the maritime authority will operate in an advisory capacity, focusing on raising awareness and offering technical support to stakeholders to facilitate their adaptation.

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