Your thoughts on snorkeling and spearfishing?

[freedivernd]

I've been going round and round with the North Dakota game and fish on their requirment that you must be scuba certified to spearfish in North Dakota.  I've had some interesting e-mail conversations with the Chief, Fisheries Division at the Game and Fish.
  I've checked the surrounding states.. MN, IA, OH, NE, KA, SD, and WI.. no other states requires scuba certification or even that you be scuba diving, several specifically state scuba and snorkeling are allowed, others don't address the difference and either say you must have a flag, be underwater when you discharge a speargun, or just describe the types of guns you can use.
  There are several things at issue here.. mainly that there is no state certifying agency.. (like motor vehicle division for licensing, or the hunter safety course certifications, or the concealed weapons certification.. all state regulated and supervised).  And also, no where does it actually state that you must be scuba diving to spearfish.. only that you must be scuba certified, so by the wording.. you could be snorkeling or freediving while spearfishing, as long as you are certified.  Apparently not the intent as it was written... and hence the Chief told me I couldn't snorkel and spearfish because the requirement for scuba certificatoin was to prevent snorkelers/freedivers from spearfishing.
I'd like your thoughts.. pro-con.. makes no difference.. or even just your thoughts on spearfishing in general..

Here's a link to the ND spearfishing regs:

Thanks,
Fred