There is one additional clause: "Anyone hunting in an area that is open for modern firearm deer or elk hunting must meet hunter orange requirements if they are hunting any of the following species: Bear, Bobcat, Cougar, Coyote, Deer, Elk, Fox,
Grouse, Hare, Rabbit, or Raccoon."
It seems to me that applies to anyone hunting in an area where modern firearm seasons of any sort for deer or elk are underway.
You may or may not get caught, and if caught you may or may not get cited, but I think the regulations gives the enforcement officer that option. Then you'd have to go to court and argue your case. Much easier to throw on a cheap orange vest, IMO.