Since this isn't very realistic - like a kangaroo - you are probably both right. In some states they probably try to write the regs to cover everything (just like shooting a slingshot can be defined as discharge of a weapon in city regs). In others, if it is not on the books and not specific, you can't be charged (think that is the case with cougar in Louisiana - LDWF didn't admit till recently they were out there). That probably doesn't help much. Most normal situations are probably covered by fur bearing, non-game animals, predators, special cases like exotics, non-native, migratory bird, etc.