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It's not worth the risk, IMO. Especially if you were fishing near the run.
The EPOs may know the difference, but there are other enforcement agencies patrolling the Canal. You have the Corps rangers, plus Bourne and state police. Many of them may not even know that there's a difference between "river" herring and "sea" herring. I don't know about the Corps' enforcement powers, but both the Bourne and state police probably have the ability to cite you if they choose to. If not, they certainly have the power to "detain" you for the EPOs. Some Bourne DNR officers also have keys to the service road gates. Any one of them is likely to get on the horn and call in the EPOs if they see you throwing herring. You'll spend more time explaining yourself than you will fishing, even if the EPOs finally decide it's really sea herring.
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