Fishing Guides Frequently Asked Questions

Do I need a Commercial Use Authorization to guide on the main stem of the Delaware River?

Yes, any commercial activity on the river is required to obtain a Commercial Use Authorization (CUA) issued by the National Park Service (NPS). Applications can be obtained by calling the Commercial Use Coordinator at 570-729-7134, ext. 2234 or by email.

What if I get caught guiding without a CUA on the main stem of the Delaware River by a U.S. Park Ran

U.S. Park Rangers enforce 18 United States Code (USC) and 36 Code of Federal Regulations (CFR). The penalty for conducting a commercial operation without a CUA has a fine up to $5,000.00 and 6 months in jail.

Who do I contact if I need emergency assistance?

Calling 911 is generally the best option for medical and other emergencies. The Computer Aided Dispatch (CAD) in all the 911 centers has instructions to contact the NPS/Delaware Water Gap Communications Center for any river related emergencies. The NPS/DEWA Communications Center will dispatch rangers to the incident. This center is available 24 hours a day.

What if I suspect someone is guiding illegally or need to report a violation?

Gather as much information as possible (location, boat description, boat registration, number of occupants on the boat, vehicle registration, etc.) Contact the National Park Service/Delaware Water Gap Communications Center at 570-426-2457. This number is available 24 hours a day. The dispatcher will contact a ranger on duty to investigate.

What state guiding license do I need on the main stem of the Delaware River?

If a guide launches and retrieves a boat on the Pennsylvania and New York side of the river they are required to have fishing guiding licenses for both states. This applies to all property regardless of ownership. There is no reciprocity in Pennsylvania or New York with regards to guide licenses.

What if I only launch and retrieve my boat in either Pennsylvania or New York, not both states?

If you only launch and retrieve your boat from one state, then you only need to have a fishing guide license from that one state, in addition to your Commercial Use Authorization with the National Park Service.

What state fishing license do my client and I need to fish on the main stem of the Delaware River?

Pennsylvania and New York have reciprocity regarding fishing on the river, so either state license is valid on either shore. However this does not apply to the tributaries of the Delaware River.

Do I need to have my non-powered boat registered to use Pennsylvania Fish and Boat Commission Access

If licensed guides are utilizing Pennsylvania Fish and Boat Commission Access areas, then a launch permit, non-powered registration, or powered registration is required.

Do I need to have my non-powered boat registered to use New York DEC Access areas?

If guides are launching a non-powered boat at New York Department of Environmental Conservation (NY DEC) Access areas, no registration is required.

My boat is registered in another state. Can I launch at PA Fish and Boat Commission and NY DEC Acces

At Pennsylvania Fish and Boat Commission Access areas, out-of-state boaters with a valid boat registration in their home state are granted reciprocal privileges to use their boat in Pennsylvania for up to 60 days. Persons that use their boats in the state for greater than 60 days are required to register their boats in Pennsylvania.

At New York DEC Access areas, only powered boats are required to be registered. Out-of-state boaters with a valid boat registration in their home state are granted reciprocal privileges to boat in New York for up to 90 consecutive days. Persons that use their boats in New York for greater than 90 days are required to register their boats in New York.

What if I have an electric or gas motor for propulsion?

If you use a boat that uses electric or gas motors for propulsion, you are required to register your boat in the state of principle use and have a U.S. Coast Guard Captain’s License. A National Park Service Commercial Use Authorization with Captain’s conditions is required to use a motorized vessel on the main stem of the Delaware River.

A copy of the Captain’s license needs to be included with your Commercial Use Authorization application packet so that a specific permit may be issued for motorized vessels. The boat must also display a valid state power boat registration.

What if I am a guide who transports clients in my vehicle?

When you apply for the National Park Service Commercial Use Authorization (CUA), provide proof of “commercial” motor vehicle insurance with your application. It will be presumed that you are not transporting clients if a NPS CUA application is submitted without proof of motor vehicle insurance.

Is the Delaware River public?

Waterways must be regarded as “navigable in law if they are navigable in fact.” According to the United States Supreme Court in The Daniel Ball (1870), waterways are “navigable in fact” when they are used or are susceptible to being used in their ordinary condition as highways for commerce over which trade and travel are or may be conducted in customary modes of trade and travel on water.

Pennsylvania

Pennsylvania Public Waters include the great or principal rivers of the Commonwealth. The Pennsylvania Supreme Court in Shrunk v. Schuylkill Navigation Company (1826) defined the great rivers to be the Ohio, Monongahela, Youghiogheny, Allegheny, Susquehanna, and its north and west, branches, Juniata, Schuylkill, Lehigh and Delaware.

New York

In New York, the Delaware River satisfies all the criteria for being navigable-in-fact; it is open to public navigation for any purpose, whether commercial or recreational, even if the stream cannot be navigated against the current. Moreover, a waterway, once navigable, remains navigable even if navigability subsequently diminishes or ceases, People vs. System Properties, Inc. 120 N.Y.S. 2d 269, 278 (3d Dep't 1953).

In New York waterways that are not affected by tides are "navigable-in-fact" and subject to the public right of navigation only if the waterway has or had the capacity for trade or travel, even if they pass through privately-owned lands.

Can I fish from the shoreline or pull my boat up on shore to scout for the best channel?

Pennsylvania

The title to the beds of public waters is held in trust by the Commonwealth of Pennsylvania for the benefit of the public. In the case of rivers and streams, the Commonwealth’s ownership extends to ordinary low water mark, and the adjacent riparian landowner owns above the low water mark. An easement exists in favor of the public between high and low water marks. That easement includes the right to fish.

The Pennsylvania courts have defined the low water mark in this context as the height of water at ordinary stages of low water unaffected by drought and unchanged by artificial means. The best advice is to tell the public to stay as close to the water as possible. Don’t venture on to upland properties. The fact that a waterway is deemed navigable does not give the public unfettered access to people's riparian lands nor permission to trespass in order to gain access to a waterway.

For more information, please visit the Pennsylvania Fish and Boat Commission webpage on Public Access to Waters and Riparian Rights.

New York

In New York State, the public's right to fish on privately owned non-tidal waterways necessitates a review of applicable land grants and deeds, as well as a determination as to whether prescriptive easements exist. The general rule is to keep your feet in the water while fishing.

In New York, the right of navigation includes all incidental uses that are reasonably necessary in order to enjoy the right, such as portaging over private property to avoid rapids, falls or obstructions, as long as this occurs by the shortest, most direct safe route. The public also has the right to walk on the bed of the waterway to guide a boat through shallow areas, to go on privately-owned shoreline to scout for the best route, and to otherwise touch the streambed incident to navigation. (Adirondack Club v. Sierra, 706 NE 2d 1192 - NY: Court of Appeals 1998). However, the public right of navigation does not include a right to go on private property to picnic, hike, camp, or hunt, or to cross private property to gain access to or egress from navigable waterways. In other words, the public right of navigation does not include intrusion on private property except as necessary for safe water passage.

For more information, please visit the New York State Department of Environmental Conservation Accessing & Navigating Waterways page.

Can I walk across private property to gain access to the river?

No. The public does not have a right to cross on private property to gain access to public waters. However, if you enter a public waterway lawfully (e.g., through a public access point), you can wade, boat, float or otherwise be in the waterway where it passes through private property.

Can someone harass me if I am legally fishing or boating?

It is unlawful for a person at the location where lawful fishing or boating is taking place to intentionally obstruct or physically interfere with the lawful fishing or boating.

What kinds of tackle can the public use for fishing when licensed in Pennsylvania?

An angler licensed in Pennsylvania may use a maximum of three lines fished either by rod or hand when fishing for gamefish, baitfish or both. On open water (not covered by ice), it is unlawful for a person to fish with more than three fishing rods at a time. There is no restriction on the number of hooks used on each fishing line. All rods, lines and hooks shall be under the immediate control of the person using them.

Spears or gigs may be used to take only carp, suckers, and catfish. Spears or gigs may not be mechanically propelled and may not have more than five barbed points.

A bow and arrow (including compound bows and crossbows) may be used for taking only carp, suckers, and catfish on all Commonwealth waters, day or night.

What kinds of tackle can the public use for fishing when licensed in New York?

An angler licensed in New York may operate no more than three lines with or without a rod and each line is limited to not more than five lures or baits or a combination of both. Each line shall not exceed 15 hook points in any combination of single, double, or treble hooks. Anglers must be in immediate attendance when their lines are in the water.

The taking of fish by spear (not spear gun) is permitted in Sullivan and Orange Counties. Only suckers may be taken from January 1 through May 15.

Any person who has a fishing or small game hunting license, or is entitled to fish without a license, may take carp of any size and in any number by longbow (recurve or compound) from May 15 through September 30. Taking fish by crossbow is prohibited at all times.

How many fish can my clients keep?

The seasons and creel limits can be found in the fishing regulations summary book provided when a Pennsylvania or New York license is purchased. New York and Pennsylvania state regulations on seasons and creel limits can also be found online.

Is fishing with bait allowed?

Fishing is lawful with artificial lures, flies, baitfish, crayfish, dragonfly nymphs, frogs, worms, corn, etc.

Can I leave my boat at an accesses overnight?

At Pennsylvania Fish and Boat Commission Access areas, overnight mooring of boats is not permitted. The access areas are closed from 10 PM to 5 AM.

At New York Department of Environmental Conservation Access areas you may not moor, dock, beach, leave, abandon or park any boat, auto trailer, float, raft or vehicle of any type for more than 24 hours at any boat-launching site or fishing-access site.

How long does it take to get a CUA so that I can guide on the river?

Once we have received your application with the appropriate required paperwork, please allow up to six weeks for processing.

How do I contact if I have questions on the CUA process and where can I get additional information?

Commercial Use Authorization (CUA) questions can be answered by calling the Permit Coordinator at 570-729-7134, ext. 2234 or by email.