Danny, I didn't make myself clear. The point I wanted to make was not about tenkara, it was about regulations trying to preserve "fly fishing" rather than preserving the health of the fishery.

I don't know when the regs were written, but I would bet they were written long after people started fishing with a spinning rod, casting bubble and trailing fly - and they were written to prevent fishing that way. I believe the regs in all states that require a fly line, reel and rod (as opposed to just fishing with a FLY) were written specifically to prevent fishing with a spinning rod and fly - and thus go way beyond ensuring the survival of released fish.