The Ethics of Collecting Seed

I've been writing lately about seeds and using them to create what is often called a pollinator meadow. A great many of the plants in my new landscape were grown from seed. Frankly, I have always loved sowing seeds and watching them sprout. I started in early childhood and I've been doing it since. It's rewarding and the anticipation of waiting for seeds to sprout is difficult to match unless you play the lottery.
I rarely purchase seeds. I collect them. When I can, I purchase a few plants of a species I wish to add to my landscape and I then collect their seed after they bloom. If a plant doesn't prosper sufficiently to set seed for me, it is not a plant I wish to continue to grow. Over the years, I've tried a great many plants that I've failed to adequately provide for. Today in my landscape, I'm trying a few that I've never tried before. The exceptions come from plants that are not available in the trade. To grow these from seed, I need to collect it and collecting seed often comes with dilemmas that need to be resolved.
The first of these revolves around the legalities of seed collecting. In a great many places, collecting seed is illegal without permission and a permit. This is from the State of Florida:

• Florida State Parks. Natural and cultural resources are protected on all Florida State Park lands and may not be removed without written permission. Collection of materials is only allowed for scientific and educational purposes under the Research/Collection Permit program.
• State Forests in Florida are administered by the Division of Forestry of the Florida Department of Agriculture and Consumer Services.
• Private Property. Permission of the land owner is required before you cross onto and collect plants from private property.
• Transportation Corridor Right-of-Ways (Highways, Railroads, etc.) permission from the local Department of Transportation district is required to collect along a Florida state highway. The collector is required to undergo safety training and wear an orange safety vest.
• United States Military Bases, Naval Air Stations and Training Facilities.
• United States National Parks. Permission is required to collect plants in U.S. National Parks. The U.S. National Park Service retains ownership of all specimens collected in national park lands. Therefore, the University of Florida Herbarium will not accession these specimens into our collection. Researchers wishing to collect and study specimens from National Park lands should arrange to collect and deposit the specimens in the National Parks appropriate herbarium. The University of Florida Herbarium may then request those specimens as a loan for study.
• United States National Forests (USDA, Forest Service). Permission is required to collect plants in National Forests. Applications are evaluated on a case-by-case basis in accordance with current policy and the potential biological impact of the collecting. Researchers should contact the respective forest district or the state national forest office for permit applications. The National Forests in Florida web page provides an overview of the four forests in the state (Apalachicola, Ocala and Osceola) and contact information.

It also is illegal, without prior approval, to collect seed (and plants of course) in County and local nature parks and preserves.  So, just about EVERYWHERE you might be tempted to collect seed from requires permission of some kind. 

Certain types of plants also are protected; not just the listed species:

Aquatic and Wetland Plants

• Aquatic Plant Collection. A permit is required for the collection of plants that are floating, emersed, submersed, or ditchbank species growing in, or closely associated with, an aquatic environment. Collection means the removal or gathering of of any aquatic plant, including any part or seed thereof, from the place in which it is growing in the natural environment. The collection of aquatic plants and noxious aquatic plants from state lands is regulated by the Aquatic Plant Importation, Transportation, Non-Nursery Cultivation, Possession and Collection rule (Rule Chapter 5B-64 of the Department of Agriculture and Consumer Services, Division of Plant Industry) under authority from the Florida Statutes. "The collection of aquatic plant material from sovereignty lands is prohibited unless a permit is issued by the bureau. This permit shall constitute permission from the Division of State Lands and authorization for such collection." "Herbaria of educational or research institutions shall not be required to possess a permit for its preserved specimens, however a permit shall be required for the collection or importation of live specimens." Consult the Division of Plant Industry of the Florida Department of Agriculture and Consumer Services Plant Inspection page and their Aquatic Plant Permit Information page for more information.
  Important: There are additional regulations in regards to the collection of noxious aquatic weeds.

Endangered Species

• CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) (register of scientific institutions). The U.S. Fish and Wildlife Service administers the US import and export of CITES species. The USFWS CITES web site includes information on CITES and lists of the species concerned. The CITES overview document and the CITES Permits and Certificates document provides a complete overview of the required procedures. PDF documents of the USFWS import/export form 3-177, the continuation sheet and instructions are available through the USFWS Office of Law Enforcement site. Additional USFWS service forms are may be found on the forms page (series 3-200 forms include applications for import and export licenses).
• Federally listed species. The U.S. Fish & Wildlife Service administers the Federal Endangered Species Act. The Endangered Species Program web site provides comprehensive information on the laws and species.
• Preservation of Native Flora of Florida law, Rule Chapter 5B-40 of the Florida Administrative Code under authority from the Florida Statutes Chapter 581.185, 581.186 and 581.187 (note: fines are defined in 581.141). This rule applies to a list, The Regulated Plant Index (embedded in the rules) of endangered, threatened, and commercially exploited taxa. Permitting is administered by the Division of Plant Industry of the Florida Department of Agriculture and Consumer Services. The Preserving Florida's Native Flora page provides definitions and guidelines. There are three categories of regulated species under this law: endangered, threatened and commercially exploited. There are over 600 species listed.

Noxious Weeds and Invasive Species

• Aquatic Plant Importation, Transportation, Non-Nursery Cultivation, Possession and Collection (Rule Chapter 5B-64 of the Department of Agriculture and Consumer Services, Division of Plant Industry) under authority from the Florida Statutes. "No person, except aquatic plant nurseries regulated by the Department of Agriculture and Consumer Services, shall engage in any business activity involving the importation, transportation, sale or possession of any aquatic plant species without a permit issued by the department unless expressly exempted by Rule 5B-64.010, F.A.C. Collection activities exempted from permitting requirements under this chapter, when undertaken on private or sovereignty lands, must be authorized by the landowner."..."The collection of aquatic plant material from sovereignty lands is prohibited unless a permit is issued by the bureau. This permit shall constitute permission from the Division of State Lands and authorization for such collection." "Herbaria of educational or research institutions shall not be required to possess a permit for its preserved specimens, however a permit shall be required for the collection or importation of live specimens." Consult the Division of Plant Industry of the Florida Department of Agriculture and Consumer Services Aquatic Plant Permit Information page for more information.

So where does this leave those of us wishing to collect seed for our propagation?  Basically, if you don't own the property, you need permission at the least. That's the legal side of things.

The ethical part of it centers around what we collect and how much we take. I always make a rule with myself to never take more seed than I need to get a few plants into cultivation and that the site can bear. If it's a common plant in the region in front of me, I might take a few more seed than if it is less common. If the plant is just simply rare at the site, I do not collect seed whether it's legal or not. It's simply not ethical. Sometimes it might seem that taking a "few seeds" is immaterial to the big picture, but realize that if more people than you feel the same way, local populations of whatever will be affected.  

It's often a dilemma when confronted by something you wish to grow and not having made plans ahead of time to collect it properly. These are a few of the things that run through my mind:

1. Is this a listed or a relatively common species?

2. Is this population large enough so that taking a few dozen seeds will likely not impact it?

3. Is this a species that I can adequately care for if the seed germinates?

4. Is this a plant that I simply can't acquire any other way?

5. If I collect a few seeds, will my actions be purely selfish or is there a larger "good" associated with it?

Frankly, if I'm walking past an active construction site that contains something of significance, I don't ask permission if there is no one around. That said, I make sure it is not in an area of the development to be set aside for green space/conservation. It's not quite the same with road shoulders. If mowing is imminent (the previous day's mowing is adjacent to an unmowed site) collecting seed prior to it being mowed has always seemed ethically just to me. The caveat is for listed species and in counties that have set aside no-mow areas to protect wildflowers. These areas are not protected so that we can collect seed for our personal reasons... 

Researchers and legitimate native plant nurseries go about their work with permits and permissions. Some hobbyists are trading and/or selling plants that came from their property. This is the way we protect our native species while also expanding their presence in landscapes. If you decide to grow your own, make sure you are going about it legally and ethically.