Fishing guide fees: Who sets the boundaries?

Who’s got to pay? Who gets to say?

By SANDY LONG

The Upper Delaware River runs its course between two states. One side laps the Pennsylvania shoreline, while the other sweeps along New York State’s border. As such, it is considered a boundary water.

Anthony Ritter is a New York State licensed fishing guide who has operated Gone Fishing Guide Service on the Upper Delaware River for the past 12 years. For a fee, Ritter takes clients fishing in his driftboat. To do so, Ritter and the more than 40 fishing guides listed on the National Park Service’s (NPS) website pay fees to access the river’s resources.

Until now, guides have enjoyed reciprocity in fishing licensure between NY and PA and have traditionally paid a $100 fee to the state of New York to guide for hire. As of January 2006, they must now pay a fee to the state of Pennsylvania as well. Pennsylvania state residents operating guide services will pay $100, while out-of-state residents will be charged four times that amount.

How PA’s program came to be

According to Pennsylvania Fish and Boat Commission (PFBC) Press Secretary Dan Tredinnick, the legislation that enabled the new PA fee to be levied was enacted through the state legislature as part of a new guide program that includes various training and certification requirements.

Did the PFBC initiate development of the new program and fees? “That part is roughly correct,” said Tredinnick. Although the PFBC was consulted in the development of the program, according to Tredinnick, it was not involved in determining the commercial guide fees. The PFBC does, however, administer the licensing program and is supportive of the concept that those who profit by the river’s resources should, in turn, help to support it. “We don’t necessarily feel that the fees are unreasonable,” added Tredinnick.

PA State Representative Bruce Smith (R) chairs the Game and Fisheries Committee through which the legislation was introduced. As to how the final fee amounts were arrived at, Smith explained, “The fees were part of a package that was the result of meetings with statewide fishing organizations such as Trout Unlimited and the PA Federation of Sportsmen’s Clubs.”

Are boundary waters a special circumstance?

While Ritter thinks the PA guide program is a good idea, he finds the difference in fees to be unfair. A resident of New York, Ritter is concerned about the new $400 fee, particularly because it applies to a boundary water bordered by both states.

Enter the NPS, which holds concurrent jurisdiction over the river—except for state-imposed licensing fees. Under a contract with the NPS, professional guides pay a $275 fee for a two-year license to the Department of the Interior. In addition, Ritter said, “I have to provide the Department of the Interior the following items: my annual gross figures, my customer count, a minimum of a $300,000 annual insurance policy of which the NPS is named to be the co-insured, and a daily fish count.”

In explanation of this jurisdiction, NPS Superintendent of the Upper Delaware Scenic and Recreational River (UDSRR) Dave Forney said, “The National Park Service handles the application of federal regulations on the river. It does not regulate fees.” Essentially, individual states establish their own fee structures, as long as the state legislature approves them, added UDSRR Chief Ranger Al Henry.

Questions remain

So what’s to prevent the state of New York from raising commercial licensing fees to match the new PA fees? Should fees for boundary waters be equal or reciprocal? And should there be a regulatory agency overseeing the determination of fees established by states bordering boundary waters?

As long as these questions remain unanswered, guides who are not PA residents are likely to remain frustrated by the new fees. But despite that, guiding provides a unique opportunity to make newcomers aware of the rich and varied resources to be found in the wild and scenic Upper Delaware River.