Scattering rules / California
Scattering ashes in California
Yes. Families can scatter a loved one's ashes from a charter boat in California, in bays and other navigable inland waters as well as the ocean. When the family scatters the ashes themselves and the captain runs the boat, the captain doesn't need a Cremated Remains Disposer (CRD) registration; a captain who scatters ashes for a family does. The paperwork deadline matters most: within 10 days of the scattering, the signed disposition permit has to go back to the county registrar nearest the scattering point. You can never scatter within 500 yards of the shoreline.
Captain license
Not needed when the family scatters
Cremated Remains Disposer (CRD) registration
Bays and inland waters
Allowed with conditions
Ocean
3+ nautical miles from land
Federal rule. Report to the EPA within 30 days.
Cremated Remains Disposer (CRD) registration
When the family scatters, no registration is needed: the family member with the legal right to decide what happens to the ashes (or a person they name) is exempt for up to 10 sets of ashes a year (BPC 9740). On Maritime Burials charters the family scatters the ashes and the captain operates the boat. When the captain scatters: anyone who scatters ashes, or offers to scatter them, as a service for others must register with the Cemetery and Funeral Bureau as a CRD (BPC 7672). Licensed funeral directors, crematories, cemeteries and cemetery brokers or salespeople are also exempt. How to register, if you plan to scatter for families yourself: mail the paper application (https://www.cfb.ca.gov/licensee/crdapp.pdf) with the $190 fee and Live Scan fingerprints to the Cemetery and Funeral Bureau. Registrations renew every September 30 for $100, after filing an annual report of every scattering. The Bureau can confirm how this applies to your operation: Licensing Unit, 916-574-7870.
For anyone who scatters for others without registration, it's a misdemeanor, and each person's ashes counts as a separate violation (BPC 7672.10).
California Cemetery and Funeral Bureau (Department of Consumer Affairs) · Official page
Before the scattering
Death certificate filed and Permit for Disposition of Human Remains (state form VS 9) issued, listing scattering or burial at sea as the disposition (HSC 103050, 103055, 103060). No ashes may be scattered without this permit. The applicant signs an acknowledgment that trespass and nuisance laws still apply.
Who: The family member with the legal right to decide (HSC 7100) applies, usually through the funeral home or crematory. The family brings the permit with the ashes. · From: Local registrar (county or city vital records office) where the death occurred or where the remains will be disposed of. The fee is about $12 in San Diego, Long Beach and Monterey counties.
Source
Specific written instructions from the person with the legal right to decide, saying how and where to scatter. You must follow them (BPC 7672.4).
Who: The family decides; the person scattering follows them · From: Family / person with right to control disposition
Source
Written permission to mix ashes (HSC 7054.7(b) acknowledgment form). You only need it if ashes will be mixed with another person's ashes. Scattering at sea from separate individual containers does not count as mixing. Keep the form at least 5 years.
Who: The family · From: Family / person with right to control disposition
Source
After the scattering
Fill in item 16 of the disposition permit: latitude and longitude for sea burial, the date and the signature of the person who scattered the ashes. Return copy 1 to the local registrar of the county nearest the point where the ashes were scattered; copy 3 goes back to the office that issued the permit if that's a different office (HSC 103060, 7117(b)). When the family scatters, the family does this; the captain gives them the date and coordinates.
Deadline: Within 10 days of the scattering · To: Local registrar of births and deaths for the county nearest the scattering point (see each city's registrar)
Source
File a verified statement with the same registrar. It must list the deceased's name, the time and place of death, the place where the ashes were scattered, and any other information the registrar asks for (HSC 7117(b)).
Deadline: Within 10 days of the scattering (filed with the permit) · To: Local registrar of the county nearest the scattering point
Source
Federal EPA burial-at-sea report. This applies only when the scattering took place in ocean waters (outside the bay and harbor closing lines).
Deadline: Within 30 days · To: U.S. EPA Region 9 (online)
Source
Bays, harbors and inland waters
Allowed with conditions
For this law, California counts 'at sea' as including inland navigable waters such as bays, harbors and tidal channels, but not lakes or streams. Scattering there is legal if it is at least 500 yards from the shoreline, is done from a boat rather than a bridge or pier, and the ashes come out of their container. You need the same CRD registration, permit and 10-day filing as in the ocean (HSC 7117(c)).
Lakes and streams are excluded from 'at sea', so the sea-scattering section does not cover them. Ashes in those places fall under the general scattering rules for land or other areas, which require the property owner's or governing agency's written permission (HSC 7116). The federal EPA permit does not cover waters inside bay or harbor closing lines, so state rules govern there. The US Supreme Court decree in US v. California (382 U.S. 448, 1966) treats all of Monterey Bay inside a straight line from Point Pinos to Point Santa Cruz as inland waters, and the Port of San Pedro inside the breakwater openings as inland waters too. Many small-craft harbors are too narrow to have any spot 500 yards from shore. In those harbors, scattering is not possible in practice, and boats must go outside.
In the ocean
In the ocean, cremated remains can be scattered at least 3 nautical miles from land, at any depth. No permit is needed in advance; the captain reports each scattering to the EPA within 30 days.
State law adds these rules on top of the federal EPA rule. (1) You need the county disposition permit described above (and a CRD registration if the captain, not the family, scatters). (2) You may never scatter within 500 yards of the shoreline, and never from a bridge or pier (HSC 7117(c)). In the open ocean, the EPA 3-nautical-mile rule is stricter, so follow that. (3) Take the ashes out of their container before scattering (HSC 7117(a)). The only exception is a 'scattering urn' that breaks down and releases the ashes within 4 hours in the water. You may move the ashes into such an urn no more than 7 days before a boat scattering (HSC 7117.1). (4) File the permit and verified statement with the nearest county's registrar within 10 days. Ashes may be taken by boat 'from any harbor in this state' (HSC 7117(a)).
Also know
CRDs who take ashes from a family: scatter within 60 days of receiving them, or give the family a written, signed reason for the delay (BPC 7672.6(a)(1)).
Keep ashes in a durable container until scattering. CRDs who hold ashes for families must store them protected from the weather at the storage address they reported to the Bureau, which can inspect it without notice (HSC 7054.6; BPC 7672.6).
Never mix one person's ashes with another's without written permission. Scattering at sea from individual containers is allowed (HSC 7054.7).
Take the ashes out of the urn before scattering. The exception is a water-soluble scattering urn that releases its contents within 4 hours, which may be filled no more than 7 days before the trip. Scattering urns may not be dropped from aircraft (HSC 7117, 7117.1).
Do not scatter from a bridge or pier, or within 500 yards of any shoreline (HSC 7117(c)).
Captains who are CRDs (that is, who scatter for families): post a copy of your current boating license and the address where you store ashes, and display your CRD registration (BPC 7672.1(b), 7680).
Keep each boat's DMV registration or Coast Guard documentation available for Bureau inspection (BPC 7672.3).
Flowers and wreaths: there is no separate state rule. In ocean waters the federal EPA rule allows only materials that break down naturally.
Upcoming change: California's natural organic reduction ('human composting') law, AB 351 (2022), takes effect January 1, 2027. Several of these code sections are being replaced on that date by versions that also cover 'reduced human remains.' The CRD registration and the sea-scattering rules continue.
City by city
Dana Point
Inside waters: Allowed with conditions
Dana Point Harbor; Pacific Ocean off Dana Point and Capistrano Bay
The state rule technically allows scattering in a harbor if you are 500+ yards from every shoreline. Dana Point Harbor is too small and enclosed for any spot to meet that, so scatter outside the breakwater. To satisfy the federal EPA rule, go at least 3 nautical miles (about 3.5 statute miles) offshore. There is no national marine sanctuary off Dana Point. File with the Orange County registrar.
Permits and filings: Orange County Health Care Agency, Office of Vital Records
Long Beach
Inside waters: Allowed with conditions
Long Beach Harbor and San Pedro Bay inside the federal breakwater; Pacific Ocean outside the breakwater
Inside the breakwater counts as inland (harbor) waters. The state allows scattering there if the spot is 500+ yards from any shoreline, pier or wharf. This is a busy commercial port with vessel traffic lanes and anchorages, so most operators go outside the breakwater and 3 nm from land for the EPA rule. The City of Long Beach is its own local registrar, separate from LA County. Long Beach Vital Records issues permits when the death or the 'final resting place' is in Long Beach (fee $12). Which office (Long Beach or LA County) takes the 10-day filing for ashes scattered off Long Beach was not confirmed; see open questions.
Permits and filings: City of Long Beach Health Dept., Vital Records Program (562-570-4305); possibly LA County DPH Vital Records
Los Angeles
Inside waters: Allowed with conditions
Port of Los Angeles / San Pedro Bay; Santa Monica Bay; Pacific Ocean
The 1966 Supreme Court decree treats the Port of San Pedro inside the breakwater openings as inland waters. Scattering there is allowed only 500+ yards from shoreline, piers and wharves, and only away from shipping traffic. The same decree says Santa Monica Bay is not historic inland water, so it is generally ocean waters and the EPA 3-nm rule applies. There is no national marine sanctuary off LA. Filing goes to LA County DPH Vital Records (313 N. Figueroa St., Los Angeles); the county does not handle the cities of Long Beach and Pasadena.
Permits and filings: Los Angeles County Department of Public Health, Vital Records Office
Marina Del Rey
Inside waters: Allowed with conditions
Marina del Rey harbor (main channel); Santa Monica Bay / Pacific Ocean
The marina channels are far too narrow to be 500 yards from shore, so in practice you cannot scatter inside the marina; go out into Santa Monica Bay. Santa Monica Bay is treated as ocean waters, so follow the EPA rule of 3 nm from land. Marina del Rey is unincorporated LA County, so file with LA County DPH Vital Records.
Permits and filings: Los Angeles County Department of Public Health, Vital Records Office
Monterey
Inside waters: Allowed with conditions
Monterey Harbor; Monterey Bay; Pacific Ocean off Point Pinos
Under the US v. California decree, Monterey Bay inside a straight line from Point Pinos to Point Santa Cruz is inland waters. State law then allows scattering 500+ yards from shore, and the EPA 3-nm ocean permit technically does not apply inside that line. Monterey Harbor itself is too small for the 500-yard rule. All of Monterey Bay lies inside the Monterey Bay National Marine Sanctuary. Sanctuary rules (15 CFR 922.132) ban discharging 'any material' with listed exceptions, and none of those exceptions mentions cremated remains. Local operators scatter there routinely, but no NOAA document confirming that it is allowed was found (see open questions). Carmel Bay and Point Lobos are state ocean protected areas (ASBS) nearby. File with Monterey County Vital Records (1270 Natividad Rd, Salinas; $12 permits).
Permits and filings: Monterey County Health Department, Vital Records
Morro Bay
Inside waters: Allowed with conditions
Morro Bay harbor and estuary; Estero Bay; Pacific Ocean
Morro Bay harbor and estuary are inland waters, but the navigable channel runs close to shore, and parts of the bay are state marine protected areas. Spots 500+ yards from all shoreline are limited (unclear). Most trips go out to Estero Bay or the ocean. Waters off Morro Bay appear to lie between two national marine sanctuaries. Monterey Bay NMS ends at Cambria to the north. The new Chumash Heritage NMS (designated October 2024) starts about two miles southeast of the Diablo Canyon marina and explicitly left out Morro Bay. File with San Luis Obispo County.
Permits and filings: San Luis Obispo County Health Agency, Vital Records (2191 Johnson Ave, San Luis Obispo)
Newport Beach
Inside waters: Allowed with conditions
Newport Harbor; Pacific Ocean off Newport Beach
Newport Harbor is narrow and lined with docks and homes, and no spot in it appears to be 500 yards from shore. In practice you cannot scatter inside the harbor; go out past the jetties and 3 nm offshore for the EPA rule. There is no national marine sanctuary off Newport. File with the Orange County registrar.
Permits and filings: Orange County Health Care Agency, Office of Vital Records
Oceanside
Inside waters: Allowed with conditions
Oceanside Harbor; Pacific Ocean off Oceanside
Oceanside Harbor is a small boat basin with nowhere 500 yards from shore, so scatter in the ocean 3+ nm out. Camp Pendleton borders the harbor to the north, and the Marine Corps has offshore training and restricted areas there. Check the NOAA chart and Local Notice to Mariners before choosing a spot. File with San Diego County.
Permits and filings: County of San Diego HHSA, Office of Vital Records and Statistics (5530 Overland Ave, Ste 170, San Diego)
San Diego
Inside waters: Allowed with conditions
San Diego Bay; Mission Bay; Pacific Ocean off Point Loma and La Jolla
San Diego Bay and Mission Bay are inland tidal waters, not lakes. State law therefore allows scattering 500+ yards from every shoreline (including islands and piers), from a boat. In practice, Mission Bay has very few spots that far from shore. San Diego Bay has some in the wider middle stretches, but it is full of Navy security and restricted areas around North Island, Naval Base San Diego and Naval Base Point Loma. Federal rules also require boats to slow down within 500 yards of any U.S. Navy vessel and keep out of 100 yards (Naval Vessel Protection Zones, 33 CFR 165.2010-2030). Most operators go past Point Loma and 3 nm out. La Jolla's coast is a state Area of Special Biological Significance (ASBS), where waste discharges are banned (see open questions). There is no national marine sanctuary. San Diego County charges $12 per permit and says a permit is needed 'when scattering cremains on land or at sea.'
Permits and filings: County of San Diego HHSA, Office of Vital Records and Statistics (5530 Overland Ave, Ste 170, San Diego)
San Francisco
Inside waters: Allowed with conditions
San Francisco Bay; the Golden Gate; Pacific Ocean outside the Golden Gate
San Francisco Bay, including the Golden Gate strait, is inland navigable water. State law allows scattering 500+ yards from any shoreline, from a boat. You may not scatter from the Golden Gate Bridge or any pier. Mid-channel in the Golden Gate and the open central bay can meet the 500-yard rule, but this is heavy ship traffic under Coast Guard Vessel Traffic Service, so stay clear of the traffic lanes. Bay waters are not in a national marine sanctuary. Just outside the Golden Gate, the Greater Farallones and Monterey Bay sanctuaries meet near Rocky Point, Marin. Their rules list no exception for cremated remains (see open questions). The EPA 3-nm rule applies once you are in ocean waters. File with SF Office of Vital Records (101 Grove St, Room 105) if San Francisco is the nearest county.
Permits and filings: San Francisco Department of Public Health, Office of Vital Records
San Pedro
Inside waters: Allowed with conditions
Port of Los Angeles / San Pedro outer harbor inside the breakwater; Pacific Ocean off Point Fermin and Palos Verdes
The 1966 Supreme Court decree treats the Port of San Pedro inside the breakwater openings as inland waters. Scattering there is legal 500+ yards from any shoreline, pier or wharf. This is the busiest port in the U.S., so stay clear of channels and anchorages. Outside the breakwater, follow the EPA 3-nm rule. San Pedro is part of the City of Los Angeles, so file with LA County DPH Vital Records.
Permits and filings: Los Angeles County Department of Public Health, Vital Records Office
Santa Cruz
Inside waters: Allowed with conditions
Santa Cruz Small Craft Harbor; Monterey Bay; Pacific Ocean
The Santa Cruz harbor is too small for the 500-yard rule. Monterey Bay itself, inside the line from Point Santa Cruz to Point Pinos, is inland water under the 1966 decree. State law there means 500+ yards from shore, and the EPA ocean permit may not technically apply. All of these waters are inside the Monterey Bay National Marine Sanctuary, whose discharge rule has no listed exception for cremated remains (see open questions). File with Santa Cruz County Vital Statistics.
Permits and filings: Santa Cruz County Health Services Agency, Vital Statistics
Sausalito
Inside waters: Allowed with conditions
Richardson Bay; central San Francisco Bay; the Golden Gate; Pacific Ocean
This is the same as San Francisco. Bay and Golden Gate waters are allowed if 500+ yards from shore, from a boat, and not from the bridge or a pier. Richardson Bay is shallow, and much of it is within 500 yards of land, so most trips go to the central bay or the Golden Gate. Ocean waters just outside the Gate border the Greater Farallones and Monterey Bay sanctuaries. If Marin is the nearest county to the scattering point, file with Marin. If the spot is closer to San Francisco, file with SF.
Permits and filings: Marin County Health & Human Services, Vital Statistics Office (10 N. San Pedro Rd, San Rafael; 415-473-6876)
Ventura
Inside waters: Allowed with conditions
Ventura Harbor; Santa Barbara Channel; waters toward the Channel Islands
Ventura Harbor is too small for the 500-yard rule, so scatter in the Santa Barbara Channel, 3+ nm from land for EPA. The Channel Islands National Marine Sanctuary covers waters around the islands out to about 6 nm. Its discharge rule (15 CFR 922.72) has no exception for cremated remains, so scattering mid-channel outside the sanctuary avoids the question. There are offshore oil platforms in the channel. File with Ventura County Public Health.
Permits and filings: Ventura County Public Health, Vital Records (Birth and Death Registration)
Still being confirmed
We couldn’t confirm these from official sources yet. Ask the agency before relying on them.
National marine sanctuaries (Monterey Bay, Greater Farallones, Channel Islands, Chumash Heritage): the federal discharge bans (15 CFR 922.132, 922.82, 922.72) prohibit depositing 'any material' and list exceptions such as fish parts and vessel water. None of the exceptions mentions cremated remains. No NOAA guidance was found that either allows or forbids ash scattering in a sanctuary, even though local operators (for example in Santa Cruz and Monterey) advertise it openly. Captains should confirm with the sanctuary office before relying on it.
Monterey Bay is inland water under the 1966 Supreme Court decree (closing line from Point Pinos to Point Santa Cruz). That suggests the EPA 3-nm general permit and the 30-day EPA report do not technically apply inside the bay, but no EPA statement confirming this was found.
Whether California's Ocean Plan ban on 'waste discharges' into Areas of Special Biological Significance (for example La Jolla, Carmel Bay and Point Lobos) applies to ash scattering is unconfirmed.
Long Beach is its own local registrar inside LA County. It is not confirmed whether ashes scattered off Long Beach should be filed with Long Beach Vital Records or LA County DPH. The statute says 'the county nearest the point where the remains were scattered.'
No county page found explains the separate 'verified statement' required by HSC 7117(b), whether there is a county form, or whether the endorsed permit copy alone is accepted. Check with each registrar.
No rule was found requiring a CRD to tell the Bureau when a new boat is added. The application lists boats, but a change-of-boat filing requirement was not found. Ask the Bureau Licensing Unit (916-574-7870).
It is unconfirmed whether each hired captain who scatters under a registered CRD company needs their own CRD registration. The statutes say 'a person shall not dispose of' ashes, and the Booklet refers to 'registrants and their employees.'
BPC 7730.1's text reportedly says 'one hundred dollars ($190)'. The Bureau's application form and fee schedule both say $190.
The official legislature site (leginfo.legislature.ca.gov) could not be reached. Statute text was checked through the Bureau's booklet and code reference sheet and through Justia and public.law copies of the 2025 code.
Sources
CFB - Becoming a Cremated Remains Disposer
CFB - CRD Registration Application (Rev. 1/23, $190)
CFB - Cremated Remains Disposers: Complying with California Law (booklet)
CFB - CRD Code Reference Sheet (inspection checklist)
CFB - Fee Schedule
CFB - CRD Annual Report form
CFB - Applications page (Live Scan, Connect portal)
Cal. Health & Safety Code 7117 (2025)
Cal. Health & Safety Code 7117.1 (2025)
Cal. Health & Safety Code 103060
Cal. Business & Professions Code 7672
Cal. Business & Professions Code 7672.1
Cal. Business & Professions Code 7672.3
CDPH Form VS 9 - Application and Permit for Disposition of Human Remains (via OC HCA)
United States v. California, 382 U.S. 448 (1966) decree - inland waters (Monterey Bay, Port of San Pedro)
15 CFR 922.132 - Monterey Bay NMS prohibited activities
15 CFR 922.82 - Greater Farallones NMS prohibited activities
15 CFR 922.72 - Channel Islands NMS prohibited activities
Chumash Heritage NMS final rule (Fed. Reg. Oct. 16, 2024)
San Diego County - Burial Permits
Long Beach - Burial, Removal and Transit Permits
Orange County HCA - Office of Vital Records FAQ
LA County DPH - Vital Records registrar locations
Monterey County - Vital Records
San Francisco - Vital Records
EPA - Burial at Sea
Last checked October 15, 2026. This is a plain-language summary, not legal advice.