Ah the good old Captain's license. It's a license that comes with mystery, drama, and lot's of confusion. And while there are basic requirements that are needed after sitting for the exam, what's not included is a road test, like you see when you get a motor vehicle license. So you can be great on paper but not so great out on the water.
I took the Captain's course starting in February 2012. My course ran Friday evenings and Saturdays and Sundays from 8-5 over the four weeks. It wasn't easy and neither was the test that I somehow passed. What I had then was the entry into practice mariner's license which allowed me to be a "for-hire" charter boat Captain. The OUPV license, or Operator of Uninspected Passenger Vessel, or "Six-Pack", is required when a boat owner or charter Captain charges people to go out on their boat on most waters in the United States. That's for sightseeing, water skiing, and fishing. If you charge someone to fish, you need to have a Captains license. Period. Or so they say.
Besides the preparation course and a passing score on the exam, candidates will need to apply for a TWIC card, or Transportation Workers Identification Credential, take a First Aid/ CPR course, pass a physical exam and drug test, have documented sea service time, and be at least 18 and a United States resident, or Resident Alien. Getting all that done takes time and money, and definitely some organization. After you do all of that you'll receive your MMC, or Merchant Mariner Credential, issued by the United States Coast Guard National Credentialing Center. The license is valid for five years before the dreaded renewal process begins.
I'm no expert in all of this, as most people aren't as well, and that's where the confusion comes in. The Captain's license, or OUPV, or six-pack, allows the bearer to operate a for-hire fishing charter, or other recreational operation, on a boat with less then six paying customers and under 100 gross tons. For ever, people have been operating bogus charter operations without the required licenses and insurances. Taking people out fishing and saying they are "just friends" or "are splitting the fuel, ramp, and shuttle costs" is one way people get away without being on the up and up. I saw this several times, and was stopped and checked at the take outs, when I guided on the Upper Delaware River.
It would either be the law from PA or NY that would separate the operator of the boat and it's occupants and ask for the required guide licenses, from both states and the NPS, or National Park Service, which allows for "commercial" guide operations on the Upper Delaware. They'd ask questions like "How many kids does he have?" or "How long have you known them?", to see if you were truly buds or just trying to get away from being legit. And if you operated a drift boat and put on a trolling motor, which becomes a vessel under power, and for pay, for those long stretches of slow moving water on the lower Main Stem, then you better have had a Captain's license.
There are "guides" who try and side step the system by purposefully sidestepping the meaning of "for hire" and things like navigable waters. The Captain's license is a Federal License, and navigable waters are under Federal watch. And this is where different waters and different licenses come into play. For the navigable waters there's a few classifications. Inland waters cover bays, sounds, rivers, and lakes. There's the Great Lakes. And there's the Near Coastal- out 100 miles for an OUPV license and 200 miles for a Master's license.
While these Federal, navigable waters, are covered under Federal Law, like needing a Captain's license to run for-hire operations, there's local and state laws that cover other waters. Basically it comes down to having people on board that are paying, or not. If you're just a boat owner taking out friends on the water then you'll just need a Boating Safety Course certificate, with the boats required safety requirements met, to be legal. If you're on a body of water that doesn't fall under USCG watch, then that same safety certificate might be all you need.
Some "guides" will operate charter businesses skirting the requirements which are in place to protect themselves, their sports, and others while on the water. They'll have a states guides license prominent front and center, but not the required "for hire" Captain's license. Again, while guiding on the Upper Delaware I needed to have both New York and Pennsylvania guide licenses, the former requiring testing, the later just an application and a check. And then there's the federal National Park Service CUA, or Commercial Use Authorization, which all guides have to have when operating a commercial operation within a national park. Surprisingly, New Jersey doesn't require a guide's license to operate in New Jersey, which could surely be an easy money grab. While those licenses may meet the requirements for each state, operators must meet the Federal requirements and licensing to operate "for hire" charters on most, well almost all, waters.
While it seems pretty cut and dry when it comes to guiding or running a charter operation in and around salt waters, it's those freshwaters that can be a bit confusing, but there's an answer if you search for it. We have some big lakes here in New Jersey, like Lake Hopatcong, the Round Valley and Wanaque Reservoirs, and Greenwood Lake. And then there's the Delaware River. It's sticky because it's long, 330 miles, running from the Cannonsville and Peapacton Reservoirs up in the Catskills down to the Atlantic Ocean. It's tidal up to river mile 130-ish, around Trenton, which adds to some of the confusion.
Navigable waters were determined by the United States Army Corp of Engineers (Corps.)and the United States Department of Environmental Protection (EPA) in 1972 when the Clean Water Act was established. That gave Federal jurisdiction over these "navigable" waters as determined by the EPA and the Corps. and put into law by the United States Congress and the Supreme Court. The picture below is from the Philadelphia District's designation of navigable waters for New Jersey, while also covering New York, Pennsylvania, Maryland, and Delaware.
If you look at the Delaware River and Bay and the East and West Branches are termed "navigable", which would place them under Federal watch, like in the United States Coast Guard, hence, the OUPV, or six-pack, requirement for guides, fishing charter, and for-hire operations, would apply. Well, maybe. If you look under "Miles Under Authorized Project" it states 134 miles, which on the Delaware River mile marker, puts you about where the tidal section ends, at Trenton.
I spent 2-1/2 hours on the phone between various New Jersey State Police Marine Bureaus, the PA Boat Commission, and the United States Coast Guard Delaware Bay Sector. I can tell you this, my questions, while appearing simple, are very complex. Question one- "Do you need a USCG license to guide and run for-hire operations on New Jersey's biggest lakes?", (ie, Hoptacong, Round Valley, Wanaque, and Greenwood), and two, "Do you need a USCG license to guide and run a fire-hire operation on the Delaware River, and if so, is there a line?". The line being navigable and non-navigable.
All in all I got varying information and answers. Obviously the yes's and no's came quick, but then they circled back to, "Let me get your contact information and I'll get back to you?", or, 'Hold one let me talk with my superior?". After a few hours, and some calls to fellow Captain's, I just about gave up. The NJ State Police Marine officer called me back after clarifying and said that you don't need a USCG license to guide on those big four bodies of water I described above. When it came to the Delaware River is was a semi-solid, "I think so", and that was after I pointed out the whole navigable water thing, and Federal oversight, like the United States Coast Guard. The PA folks passed me around letting me know they had a PA State Guides license that a guide must apply for and have in possession when on the water. As far as the Delaware River, and where was the cut-off, or that line, "I'll take your number and get back to you".
The most sense came from Mark Grosetti who is a consultant for USCG licensing. I have used him since 2012 for all things Captain's license related, you can see him
HERE. He stated the following, a USCG license is required when providing any service for paying passengers for all navigable waters in the United States. Navigable waters are designated by Congress to waterways that acoomadate commerce between two states. Lakes entirely in, or sit on the border of two states, do not apply, but some big ones, Like Lake Champlain and Lake Mead do. Any river, like the Delaware, that empties into a tidewater or a bay or sound is navigable, to a point, or a line. He advised me, if I wanted to know, to contact my local USCG Sector.
I got a call back also from the USCG Delaware Bay Sector, and once I started babbling they said they would take my questions back to their superiors and get back to me. We agreed you need a USCG license for for-hire operations, like fishing, on big waters like the Delaware, but what about that sticky and confusing waters they call navigable? I was assured I would have an answer today. They asked me to put my question in writing, and I did, and it's been five days waiting for a response. I thought it was an easy question, but I guess it's not. I'll fill you in when I get an answer.
In 2023 I applied for a Merchant Mariner Document of Continuity which basically allows the bearer to put their license on hold. Covid kept many people off the water so that was months without any sea service time. If license holders don't have their ducks in a row when the five year renewal process hits they can apply for the DOC, but can't operate as a charter Captain. So last summer I began the renewal process and this week my new MMC arrived in the mail.
Gone are the days of the "Little Red Books", or passport style MMC's. Starting in March 2024 the licenses are printed on a single sheet of 8.5 x 11" waterproof paper. You can fold them up and hold them in a waterproof holder for extra protection. The most important thing is one, you have one, and two, you have it on you when you are stopped by the Coast Guard or marine police.
The premise of having licenses is about maintaining standards and safety. There are those that believe they are above the law, not all but some. If you're thinking of becoming a guide, on any water in any state, do your due diligence and make sure you have all of your i's dotted and your T's crossed. Bad things happen in an instant and being legit can save you, your clients, and your house, if something were to go sideways. And just don't rely on a cheap U.S. Boat liability policy if you're running charters, you may not be covered in the end.
And if you're a sport looking to go fishing in New Jersey, South Carolina, or Michigan, check into your guide and make sure they are on the up and up. The pictures of big fish they caught on their website won't help you if something goes wrong, or winds you up in the hospital or court.
