Legal Definitions - flotage

Flotage refers to goods or items that are found floating on the surface of the water, typically in the ocean or other large bodies of water, after they have been lost or abandoned from a vessel. These items are no longer under anyone's control and are simply adrift.

Here are some examples to illustrate the concept of flotage:

• Example 1: Cargo Lost in a Storm

  During a severe ocean storm, a large container ship loses several of its cargo containers overboard. Some of these containers, or their contents (such as plastic toys or sealed packages), remain buoyant and are seen floating on the water's surface days later, far from the shipping lane.

  Explanation: The floating containers and their contents are considered flotage because they were goods that became detached from the ship, were unintentionally abandoned at sea, and are now adrift on the water's surface.

• Example 2: Debris from a Sunken Vessel

  A small recreational boat experiences a catastrophic engine failure and quickly sinks in open water. Various items from the boat, such as life jackets, coolers, and detached fenders, rise to the surface and drift away with the currents.

  Explanation: The life jackets, coolers, and fenders are examples of flotage. They were goods from the vessel that were abandoned (as the boat sank) and are now floating freely on the water without being attached to the sunken craft.

• Example 3: Items Jettisoned to Save a Ship

  A fishing trawler begins to take on water rapidly after hitting a submerged object. To prevent the vessel from sinking, the crew makes the difficult decision to throw heavy, non-essential equipment, such as spare nets, empty fuel drums, and old fishing buoys, overboard to lighten the load. These items float away from the distressed vessel.

  Explanation: The discarded nets, fuel drums, and buoys are considered flotage. They were goods deliberately abandoned at sea to save the vessel and are now floating on the water's surface, no longer under the control of the crew.