Oh yeah, well what about Coon hunting. A HA! I thought so.

Seriously though, I think it depends where you are and the overall circumstance and with that I will say there is a gray area. What if you (Like in Champlain Islanders scenario) hiked 5 miles into a place and hunted there until dark. Two hour after dark you may still be walkin out. You have your bow/gun and maybe a flashlight. Are you poaching? No, don't think so.
Hunting in MT--sometimes you are hours away from the truck at dark.
"Well is your gun unloaded?"
Hardly. is yours?

As for the deer tracking/killing. Sorry but I do love the animals I hunt and would never let one suffer if I could help it.

Life, unlike the early episodes of the Andy Griffith Show, is not always black and white.