Tad,

I don't think there is an ambiguity/oversight in the regs. Perhaps it has to be rewritten in the future, but the way it stands now. I think things (from a LEGAL point of view) are clear:

Page 22 defines snagging. It says that hooked on the "mouth or on the head" is in "freshwater". See also page 20 for the definition of "head of the fish". The other portion of the page 22 definition of "snagging" states the "fish taking the hook voluntarily in its mouth" language.

Page 23 has the harvest rules (Statewide General Fishing). All it says is "You may not snag or attempt to snag fish". This clause applies to both fresh and saltwater, and therefore in saltwater, only the "voluntarily in its mouth" section of the definition appies, and not the "gill plate forward/head" section, which would kick into effect in freshwater.

Yes, I know... people will argue about how we can read the mind of the fish to determine if it took the hook voluntarily, whether flossing is legal, etc. But all these gray areas aside, the plain reading of the regs is that in saltwater, it has to be in the mouth or else you have to let it go (exception is forage fish, like smelt and herring).

So, being a lawyer myself, I think the department lawyer is incorrect when he says that it is OK to keep snagged fish in saltwater. Do not rely on his signed statement. Of course, other lawyers and judges are free to disagree with my interpretation of the law, and so use my comments at your own risk...