Fishing Guides Frequently Asked Questions

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.

Please visit our CUA webpage, where you can find a detailed three-step process for the application.

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

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.

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.

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.

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

Fishing guides frequently operate inside and outside the boundaries of the Upper Delaware Scenic and Recreational River, commonly referred to as the “main stem.” Under the 1998 Act, the NPS is mandated to collect reasonable fees related to commercial activities within the park unit. "Park-dependent gross receipts" (PDGR) refers to revenue generated specifically within the park, while "gross receipts" encompasses total revenue generated, regardless of where the activities take place. 

Park-dependent gross receipts (PDGR) should only include revenue generated within the park boundaries. It is the guide’s responsibility to allocate the revenue from those trips based on the amount of time spent within the park. For example, if half of the trip occurred within the park boundaries, then half of the revenue should be reported in the PDGR. 

As you report your annual numbers, we will use that to determine the management fee owed, which is 1.5% of the park-dependent gross receipt (PDGR) minus the $350 application fee. However, the credited $350 from the application fee is only applicable to the first year of the cycle. See two examples for the 2025-26 cycle below. 
 

Example 1 

2025 PDGR = $25000 x 1.5% = $375 - $350 (application fee) = $25 management fee owed for 2025 

2026 PDGR = $23000 x 1.5% = $345 management fee owed for 2026 

Example 2 

2025 PDGR = $15000 x 1.5% = $225 - $350 (application fee) = $0 management fee owed for 2025 

2026 PDGR = $12000 x 1.5% = $180 management fee owed for 2026 

In the second example, 1.5% of 2025 PDGR is less than the $350 credit. Therefore, the management fee owed would be $0. Although, please note that there are no refunds, and this applies only to the first year. 

Note: The new management fee structure involves a gradual increase to 2.0% of PDGR. For the 2025-26 cycle, the management fee will be 1.5% of PDGR, while the 2027-28 cycle will see the fee rise to 2.0% of PDGR. 

The application fee is a flat rate of $350 for all CUA applicants. However, this fee will be credited toward your first-year management fee (see How will the new CUA fee structure affect me as a fishing guide). 

No, the $30 NPS decal fee has been incorporated into the new CUA fee structure. Once your application has been approved, we will send the NPS decals to the address you provided in your application.  If you need the decals sent to a different address, please inform the Permits Coordinator at e-mail us. 

Note: Orders for the 2025-26 NPS decals are delayed because of budget reviews. Law enforcement is aware of the situation and will accept the decals from the previous cycle until the new ones are issued. 

The business model for fishing guide outfitters can make it difficult to determine which entity is responsible for securing the commercial use authorization (CUA). Ultimately, the business entity, who assumes the responsibility and liability of the clients travelling in the park, is responsible for applying and maintaining a CUA. 

Please note that if you are an outfitter holding the CUA, you are responsible for ensuring that each fishing guide in your operation complies with all the CUA Terms and Conditions. 

A. Outfitters must provide a Certificate of Liability Insurance (COI) that designates all subcontractors (1099s) as additionally insured and also includes the United States of America as an additionally insured party. 

B. When applying for the commercial use authorization (CUA), subcontractors must be listed as “authorized agents” in the online CUA portal. This ensures they are listed under the outfitter’s authorization. According to CUA Terms and Conditions, the authorization must be carried at all times during fishing operations, allowing rangers to verify that guides are operating under the outfitter’s authorization.  

C. The outfitter must provide their subcontractor’s licenses when applying. To be an authorized guide on the Upper Delaware S&RR, guides need at least a state fishing license (NY or PA) and a state guiding license (NY or PA). For example, if an outfitter has 5 guides, they must submit at least 10 licenses along with the COI.   

If any new subcontractors are added after the authorization has been issued, the Certificate of Liability Insurance (COI) must be updated to include them as additionally insured and submitted to the Permits Coordinator. Additionally, the new subcontractor’s state fishing license and state guiding license must be provided for approval. 

Once all new documents have been approved, the Permits Coordinator will issue a new authorization that includes the new subcontractor as an authorized agent. 

As a subcontractor, you will be operating under the outfitter’s commercial use authorization (CUA) and will no longer need to obtain a separate CUA as you did in previous years (2024 and earlier). While on the river, you must carry the outfitter’s CUA, which identifies you as an “authorized agent,” and display the outfitter’s NPS decal on your vessel. These items assist rangers in verifying that you are operating under the outfitter’s CUA. Without them, you risk being mistaken for operating illegally on the river. 

Note: You are permitted to operate only under the outfitter's CUA and can service clients only provided by the outfitter. If you would like to operate with your own clients in addition to those provided by the outfitter, please refer to What should I do if I want to work with an outfitter while also guiding independently. 

Authorization: When you work with the outfitter, you are covered by their commercial use authorization (CUA) and insurance. However, if you wish to operate outside of their services and secure your own clients, you will need to obtain your own insurance and a separate CUA for your independent activities. This way, you'll operate under the outfitter’s CUA for their clients and under your own CUA for your clients. Be advised, the outfitter’s CUA and insurance does not cover your independent activities. 

Annual Reporting: If you are operating under two separate CUAs, you must keep your revenue reporting distinct. You are responsible for reporting the revenue, or park-dependent gross receipt (PDGR), earned while working with the outfitter to them. The outfitter will then report that revenue to the NPS. Additionally, you will report any revenue generated from your independent activities directly to the NPS. 

Example: John is a subcontractor for Blue’s Outfitters and also runs his own business, John’s Reel Deal Fishing. This year, John earns $10,000 through Blue’s Outfitters and $15,000 from his own business. He will report the $10,000 to Blue’s Outfitters and the $15,000 under John’s Reel Deal Fishing CUA.  

As an outfitter, you are responsible for reporting all park-dependent gross receipt (PDGR) by both you and your subcontractors. At the end of each year, you will need to gather the required information specified in the CUA Terms and Conditions (visitor count, PDGR, etc.) from your subcontractors and compile this data into a single annual report. The management fee will be based on the figures reported by your business. 

Note: Outfitters maintain the autonomy to determine how the application and management fees are shared across their multiple subcontractors.  

As a subcontractor working under an outfitter, you are responsible for reporting the required information outlined in the CUA Terms and Conditions (such as visitor count, PDGR, etc.) to the outfitter. The outfitter will then compile and report these figures to the Permits Coordinator as part of the business conducted under their commercial use authorization (CUA). 

Outfitters will receive decals for their authorized subcontractors. These decals will feature a variation of the same symbol/number (e.g., LM1, LM2) that corresponds to the outfitter's authorization while still being unique to each subcontractor for easy identification. 

Note: Orders for the 2025-26 NPS decals are delayed because of budget reviews. Law enforcement is aware of the situation and will accept the decals from the previous cycle until the new ones are issued. 

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.

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.

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.

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

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

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 commercial use authorization (CUA) 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 CUA application packet so that a specific permit may be issued for motorized vessels. The boat must also display a valid state power boat registration.

At Pennsylvania Fish and Boat Commission Access (PA FBC) 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 Department of Environmental Conservation (NY 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.

When you apply for the National Park Service Commercial Use Authorization (CUA), you must 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.

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.

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.

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.

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.

It is illegal for anyone to intentionally interfere with or disrupt legal fishing or boating activities at locations where such activities are permitted.

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.

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.

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.

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