DNR has clearly stated this is their position. Mistake or not it is currently the law. Ignorance would not be an excuse. Would any judge take it up? I have heard from a coworker of lesser things DNR related being taken up. Even with an expensive lawyer looking over the rules and thinks he/she has a plan I would be very leary of being a test case. Even if you did win I'd wager there would be a danger ranger always on the look out for you waiting to pounce for the slightest infraction. Just not worth the trouble or expense. Choose your battles wisely and work to change the law.