Brazil tightens ship biofouling rules in ports

Brazil has introduced federal biofouling regulations requiring ships to develop, maintain and implement a vessel biofouling management plan and record book as a condition for entering ports in the country.

According to protection and indemnity club Gard, Resolution No 38/2023 was issued by Brazil’s maritime authority Diretoria de Portos e Costas in December 2023 and entered into force on 1 June 2025.

The regulation is applicable to all vessels navigating, operating or remaining in Brazilian jurisdictional waters, regardless of flag, and includes both domestic and foreign-flagged vessels.

The regulation is aimed at preventing the introduction of non-indigenous aquatic species through biofouling and places responsibility on ship operators to implement fouling control measures and maintain relevant documentation. Ships arriving in Brazil must be prepared for potential inspections by the port state control, focusing on the vessel’s hull condition and its compliance with the biofouling management plan.

Gard noted, “The plan must describe the procedures for managing biofouling and the record book must contain records of inspections, maintenance, cleaning and antifouling system applications.”

It added vessels should carry a biofouling management plan and record book aligned with International Maritime Organization’s 2011 Guidelines for the Control and Management of Ships’ Biofouling to Minimise the Transfer of Invasive Aquatic Species (Resolution MEPC.207(62)).

In situations where excessive fouling is detected or documentation is lacking, vessels may be required to undertake cleaning operations before entering port or offshore terminals, or even be refused entry.

“If excessive fouling is detected on a vessel and/or the biofouling documents are missing or not satisfactory, cleaning may be required before entry,” Gard stated.

To support compliance, Gard advised ship operators ensure their hulls are free of macrofouling before arrival and to proactively maintain updated management documentation.

“Ships calling at Brazilian ports are therefore advised to ensure their hulls are free from macrofouling and biofouling management documentation is up to date and available on board.”

Although the new rule references IMO guidelines, it is not limited to vessels engaged in international trade.

Gard noted, “The Brazilian requirements apply to both international and domestic shipping, regardless of the IMO biofouling guidelines being intended for international vessels only.”