(1) A person with a disability who meets the requirements of subsection (2) of this section is eligible for a special use permit to utilize alternate casting gear in fly fishing only waters or seasons in accordance with WAC 220-305-120.

(2) An "alternate casting gear" special use permit is available to any person who:

(a) Has applied for, received, and maintains a disability designation in good standing; and

(b) Accounting for the department's recommended processing time, submits the required application completed by an approved medical professional who certifies that:

(i) The applicant has an upper extremity disability or a developmental disability as defined in WAC 220-200-160(1); and

(ii) The applicant's upper extremity disability or developmental disability is such that the person is physically incapable of holding and safely operating conventional fly fishing gear.

(3) In addition to the terms and conditions in WAC 220-200-170, the following terms and conditions also apply under the "alternate casting gear" special use permit:

(a) Hook size and barb restrictions, fishing fly requirements, and bait and weight prohibitions as provided for in WAC 220-310-150; and

(b) Other individual terms and conditions as set forth on the permit or award letter.

(4) It is unlawful to fail to abide by the terms and conditions of this special use permit. A violation of this section is punishable under RCW 77.15.160(6), 77.15.380, or other statutes under chapter 77.15 RCW depending on the circumstances of the violation.