Yes, but where is the line between "bank" and "bottom"? Where the water line is whenever you happen to be hunting? That's easy to interpret, but it gives you different open and closed areas depending on water level. But if the level if normal high water, or the annual floodplain, or something else that makes functional and biological sense, it's very hard to determine.
I'm just glad I can park my boat anywhere. That rule applied most of the places I hunt would be even harder to interpret. (Is seaweed "emergent vegetation"? What if I park my boat on the mudflat next to a weed covered ledge on a falling tide, and cover the boat with "emergent" weed through the low end of the tide cycle?)
In the one placeI hunt that has heavy hunting pressure, we have an open water area designated as a no-hunting sanctuary, which seems like a better approach to me. (Although, if it was up to me, the sanctuary would be large and include some areas with better cover and feed.) In states with a lot more hunting pressure, that might be less viable.