To a beachcomber standing on the shore, debris washing up on the sand looks like simple trash or driftwood. To a Master Mariner, a marine insurance adjuster, or a maritime lawyer, the terminology used to describe objects in the water carries immense legal weight.

The distinction between flotsam vs jetsam is not merely semantic. The classification dictates salvage rights, insurance claims, and the application of General Average. As the industry navigates the Anthropocene, an era where human activity permanently alters the geological landscape, understanding the history and future of these terms remains vital for professional navigation.

We define flotsam and jetsam, analyze the difference between flotsam and jetsam regarding maritime law, and examine the history of insured cargo that transformed these terms from nautical jargon into tools of colonial economics.

What Defines Flotsam and Jetsam in Maritime Law?

At the most basic level, the distinction relies on the intent of the vessel's crew and the state of the vessel at the time the goods entered the water.

What Is Flotsam?

Flotsam describes goods floating on the water as a consequence of a shipwreck or accident. The key factor is the involuntary nature of the loss.

If a ship sinks, strikes a reef, or breaks apart during a storm, and the cargo floats to the surface, maritime law classifies it as flotsam. The word derives from the French floter (to float). The original owner does not automatically lose title to flotsam. The law considers it lost but not abandoned unless the owner makes no effort to recover the property over a significant period.

What Is Jetsam?

Jetsam refers to goods voluntarily cast overboard (jettisoned) by the crew of a ship in distress. The crew takes this deliberate action to lighten the vessel’s load to prevent sinking, running aground, or to stabilize the hull during heavy weather.

The word comes from jettison (to throw). The act of creating jetsam is a calculated decision by the Master to save the hull and the remaining cargo. Historically and legally, this connects to General Average. If cargo is sacrificed as jetsam to save the venture, all parties with a financial interest in the voyage (shipowner and other cargo owners) share the cost of the lost goods proportionally.

What Is the Legal Difference Between Flotsam and Jetsam?

For a sailor, the jetsam vs flotsam debate usually concerns salvage and ownership. Finding debris at sea does not typically constitute "finders keepers" under admiralty law.

• Flotsam Ownership: Because the entry of the goods into the water was accidental, the original owner retains rights to the property. A salvor who recovers flotsam is entitled to a salvage reward, yet they do not automatically gain title to the goods. Resources on Mariner and Maritime Law: Salvage provides specific guidance on the rights of recovery.
• Jetsam Ownership: While jetsam is thrown overboard voluntarily, the owner does not give up ownership rights immediately. Since the crew threw the cargo away to save the ship, the loss occupies a unique legal space regarding insurance liability.

How Do Lagan and Derelict Fit In?

To fully understand jetsam and flotsam, mariners must also recognize their less common counterparts.

• Lagan (or Ligan): This refers to goods cast overboard like jetsam but tied to a buoy or marker to facilitate later recovery. The intent to return is explicit.
• Derelict: This refers to property (usually the vessel itself or large cargo) fully abandoned at sea without hope of recovery.

How Has History Shaped Jetsam in the Anthropocene?

Modern mariners view jetsam through the lens of MARPOL regulations and logistics. History reveals that jettisoning cargo is deeply tied to the history of colonialism and the "Anthropocene," the geological epoch defined by human impact.

In the 18th century, a "pricing revolution" in marine insurance markets meant lost cargo could be written off. This made sailors and owners more inclined to part with commodities if the ship faced danger, knowing the financial loss would be covered.

The Zong Massacre: Human Jetsam

The most harrowing example of the difference between flotsam and jetsam involves the slave ship Zong in 1781.

The Zong was transporting 442 enslaved Africans from Accra to Jamaica. Due to navigational errors, the voyage took longer than expected, and water supplies ran low. The crew, led by Captain Luke Collingwood, made a horrific decision. They determined that if the enslaved people died of thirst or illness on board, the loss would fall on the ship's owners. However, if they were "jettisoned" to save the rest of the ship, the loss could be claimed against the insurers as jetsam.

Over two weeks, the crew threw 132 men, women, and children overboard. Ten others jumped in defiance. The subsequent court case focused on insurance fraud rather than murder. The court debated whether the jettisoning of human beings was a "genuine necessity" of navigation. This tragedy highlights how the legal framework of jetsam was weaponized to dehumanize people into insured commodities.

The Zoe Colocotroni: Pollution as Jetsam

Moving to the modern era, the definition of jetsam intersects with environmental disaster. On March 18, 1973, the oil tanker Zoe Colocotroni ran aground off Puerto Rico. To free the vessel, Captain Anastacios Michalopaulos ordered the crew to jettison 37,000 barrels (1.5 million gallons) of crude oil into the sea.

This decision lightened the ship enough to save the hull, allowing the delivery of the remaining 150,000+ barrels. In a purely nautical sense, this was a successful creation of jetsam to save the venture. In the context of the Anthropocene, it was an ecological catastrophe. The spill killed over 92 million marine organisms and caused millions of dollars in damage.

This incident illustrates the modern conflict in jetsam and flotsam law. The Peril at Sea and Salvage: A Guide for Masters was published by the OCIMF (Oil Companies International Marine Forum) to assist masters with understanding this topic. The master holds a duty to save the ship, but also a duty to protect the marine environment.

What Are the Modern Implications for Mariners?

Today, the jetsam vs flotsam distinction is heavily regulated by international treaties, most notably MARPOL.

The End of "Free" Jetsam

In the 18th century, jettisoning cargo was a financial transaction between the ship and the insurer. Today, creating jetsam (specifically oil, plastics, or hazardous substances) attracts severe criminal liability.

• Emergency Exceptions: MARPOL Annex I and V generally contain clauses for securing the safety of the ship and life at sea. The burden of proof is high. A Master must prove the jettisoning was the only reasonable action to save the vessel.
• Record Keeping: For modern sailors, the difference lies in documentation. Jetsam actions must be recorded in the Deck Logbook immediately. A plug for digital log books can be made. Benefits include faster entry, clean handwriting, and class approval. The entry must detail the position, nature of the danger, and exact volume lost to support any General Average claim.
• Pollution Prevention: U.S. Coast Guard regulations strictly enforce these rules. Failing to document lost cargo or waste in the Garbage Record Book can lead to severe fines.

Marine Debris and Navigation Safety

Flotsam in the 21st century often takes the form of lost shipping containers. The World Shipping Council estimates hundreds of containers are lost annually. These become semi-submerged flotsam, posing collision hazards to smaller vessels.

Prudent mariners use up-to-date Nautical Charts to identify known wreck sites where such debris is common. While the Zoe Colocotroni example highlights intentional dumping, modern container flotsam is often the result of parametric rolling or improper lashing.

Summary: Flotsam vs. Jetsam Comparison Table

Conclusion

For the mariner, jetsam and flotsam represent vastly different maritime scenarios. One indicates accidental disaster, and the other indicates calculated sacrifice.

From the legal debates of the 18th century regarding the Zong to the environmental fallout of the Zoe Colocotroni, these terms remind us the ocean is a regulated commercial space. Whether logging a lost container or calculating General Average after a storm, understanding the difference between flotsam and jetsam remains essential for professional navigation.

Frequently Asked Questions

Q. Can I keep flotsam if I find it at sea?

Generally, finding flotsam does not grant ownership. The original owner retains the title. You may be entitled to a "salvage award" for recovering the goods and returning them. Taking the goods without reporting the find can be considered theft.

Q. What is the main difference between flotsam and jetsam?

The main difference between flotsam and jetsam is the method of entry into the water. Flotsam enters the water accidentally due to shipwreck or weather. Jetsam is thrown overboard voluntarily by the crew to save the vessel.

Q. Is the debris from the Titanic considered flotsam or jetsam?

Debris from the Titanic is considered flotsam (or wreckage). It was not thrown overboard to save the ship; it resulted from the accidental sinking of the vessel.

Q. Does General Average apply to flotsam?

No. General Average typically applies to jetsam. Because jetsam is a voluntary sacrifice made to save the entire voyage, the cost is shared among all parties. Flotsam is an accidental loss, which usually falls on the specific cargo owner or their individual insurance policy.

Q. How do I distinguish lagan from flotsam and jetsam?

Lagan is distinct because it is marked. If cargo is floating with a buoy or marker attached, it is lagan. This indicates the owner intends to return and recover the item.