Seaweed and Shells for Native American Indian Ceremonies

September 3, 2009

Question: Do I need a permit to harvest seaweed from a public beach for the purpose of making instruments (primarily rattles) to use in ceremony, or shells to adorn them or for special uses (such as adding them to basket weaving projects)? I am an old California Native American Indian woman, emanating from Monterey County, and I would appreciate any information that you may allow me to have. Thank you — be blessed. (Xielolixii)

Answer: Individuals may collect certain marine plants for personal use only. This could include using them to create handicraft or ceremonial items, as long as none of those products are commercialized (traded, bartered or sold).

Harvest is not allowed for eel grass (Zostera), surf grass (Phyllospadix) or sea palm (Postelsia). These marine plant species may not be cut or disturbed (Section 30.10). In addition, marine protected areas and state reserves may restrict or prohibit cutting or harvesting of other aquatic plants, so be sure you know where you are when collecting.

For all marine aquatic plants authorized for take, the daily bag limit is 10 pounds wet weight in the aggregate (except as provided in Section 28.60). For the most part, there are no closed seasons, closed hours or minimum size limits for any species of marine aquatic plant.

A fishing license is not required for the take of marine plants, but any critters (even the smallest mollusks) that are attached to the plants may require a license. Kelp forests are home to and even a food source for many small invertebrates and fishes, so if any of these animals are hitchhiking on the plants when you collect them, you must have a sport fishing license.