By Bob Currie, Vessel Examiner
U. S. Coast Guard Auxiliary Station Galveston Flotilla
This column is not about Flopsy Mopsy Cottontail’s brother Flopsy Sam, nor is it about that space age family the Jetsons. It’s about real hazards out there on the water and a reminder to always look for them.
Flotsam is the wreckage of a ship or its cargo found floating on or washed up by the sea. Flotsam is debris that was not deliberately thrown overboard. Did you ever wonder what happens to the containers that fall overboard from those huge container ships? We know it happens. There are news articles about them all the time. Rough seas will cause the overloaded cargo ships to rock and they can lose hundreds of containers overboard (I am guessing that’s why I never received those shoes I ordered from China. The ones that said I would never need to buy another pair of shoes.) Well, nobody went out there to retrieve those containers. They are either on the bottom of the sea or still floating out there, with just a corner of the container sticking above the surface or floating just below the surface.
What about the recreational boats that capsize and sink, or just remain capsized? Some of them are still floating out there. They wash up on my beach about once a year. Some are fairly good-sized; 30 feet long or so. Once we verified with the Coast Guard that a certain motor sailer was unoccupied and a derelict, my friend Larry and I watched the surf pound a 35-foot boat to pieces. Sometimes an owner will try to affect a rescue, and sometimes they just abandon the vessel. This particular boat had been floating around in the Gulf of Mexico for over a year! Apparently it had broken loose from its moorings and floated out into the Gulf, where it made a loop down to Mexico and then back towards the Galveston-Houston area from which it came. You night runners think about this the next time you head out to the Flower Gardens, running all night so you can fish all day. Just because it’s called the Wide Open Sea doesn’t mean it’s devoid of obstructions.
Sometimes wrecked boats will float for a period of time and sink. We Galveston Bay area boaters get Marine Safety Alerts about such boats all the time. We have had up to three wrecks at a time floating around the bay. If you listen to the radio traffic you can often hear boats talking about the latest location of a particular wreck. Yes, it is the owner’s responsibility to recover these wrecks, but often the owner just lets nature take its course. Look at any fishing map and you will see dozens of ship or boat wrecks marked, especially in the shallow waters we like to fish.
Jetsam
I just can’t help but think about Elroy Jetson and his dog Astro every time I hear the word “jetsam.” Jetsam describes debris that includes cargo, equipment, and waste that is deliberately thrown overboard by a crew of a ship in distress, most often to lighten the ship’s load. It has nothing to do with the New York Jets’ team cuts to lighten their payroll load.
Right of Recovery of Flotsam and Jetsam
It is legally important to differentiate flotsam from jetsam. I have heard many a person state that if you find a boat floating out in the ocean you can recover it and claim it as your own. No. Wrong. It still belongs to the owner. You can recover the vessel and charge recovery fees to the owner, but the boat is not automatically yours. The same rule applies to flotsam- it still belongs to the original owner. Jetsam, on the other hand, was deliberately discarded, and anyone may legally recover it.
Ligan
We know the important differences between flotsam and jetsam are first, jetsam is intentionally thrown overboard while flotsam is the floating wreckage of a vessel or its cargo that was not intentionally thrown overboard, and second, that flotsam may be recovered by the owner while jetsam may be recovered legally by anyone. What about cargo, equipment, or even a vessel on the bottom of the sea that is marked by a buoy? That is what ligan (pronounced lie-gun) is, and it belongs to the original owner. The whole purpose of the buoy is to mark the spot so the cargo or equipment, or even the vessel itself, may be recovered by the original owner. It is a prudent crew that attaches a buoy to expensive equipment or cargo that they throw overboard.
Importance to the Recreational Boater
You do not need to make the distinction between flotsam and jetsam as a recreational boater; no, your job is to avoid them so your boat doesn’t become flotsam or jetsam (how many of you thought about buying a buoy to keep aboard to mark your vessel for recovery as ligan?). Rule 5 of the Rules of the road states:
Designate someone to watch for dangers that may come from any direction. Every vessel shall at all times maintain proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.
You have to have a look-out who understands that they are looking for debris in the water that could damage the vessel. Yes, they are to look out for other vessels, but don’t the used-to-be vessels as well. While another vessel under power has a duty to avoid colliding with you just as you have a duty to avoid colliding with the other vessel, debris has no duty at all and the entire responsibility for avoiding running into or over debris falls on you and your crew. You must make sure the look-out is fully aware of what they are looking for.
Steps to Take if You Hit Something
Every boater has hit something; usually it is small and is deflected by the hull. You end up with a scratch on that beautiful hull. But, with the debris we are talking about, you can do some real damage to the hull, propeller and outdrive. You will often get a feel for the situation, and sometimes it will be necessary to stop and assess the damage, if there is any. If it becomes apparent that you are taking on water, then your first step is to notify the Coast Guard. Give them your situation (taking on water after hitting something in the water), location (latitude and longitude), number of persons on board, any injuries or sick persons aboard, and whether all persons are wearing life jackets (shame on you if they aren’t already wearing them). You may not have time to do it if the situation becomes serious quickly.
Second, determine where the water is coming in and at what rate. Is there a visible hole in the hull that could be plugged (at least partially) by pushing something into the hole? Are you close enough to shore to try to beach your boat? Do you have a secondary bailing system?
Third, prepare your passengers for the possibility of abandoning the vessel. Passengers should try to remain with the vessel. Let them know that boats that fill with water tend to capsize and they could become trapped underneath or hit on the head as the boat rolls over.
You should have a ditch kit that has at least the following:
- Marine handheld radio with Channel 16 (emergency channel)
- Food and water
- Visual distress signals (flares, electronic beacon)
- Personal Locator Beacon or Emergency Position Indicating Radio Beacon
- Flashlight
The personal locator beacon (PLB) or Emergency Position Indicating Radio Beacon may not be necessary if you don’t go further from shore than 20 miles, But it is definitely needed if you do go offshore.
Summary
You must post look-outs who understand what they are looking for: other vessels, shoaling, jetties, and debris in the water. Be prepared to notify the Coast Guard of your situation before it becomes necessary to abandon your vessel because you might not be able to if the boat begins sinking rapidly.
[BC: Apr-4-2023]
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