It's legal, it's within range, and that's about as close to "fair" as that buck will ever give you. When you enter the woods to kill a deer you're a predator, there's no such thing as "fair" to a predator. You'd starve in the wild.
I agree as long as the deer can employ its instincts, senses, etc. and the hunter is overcoming them with skill. I think in the situation outlined, the deer could.
The fairness thing is actually much greater than what we owe the deer. It's ultimately about what we owe the Creator. Through Providence, the deer exists with an amazing set of abilities that were ultimately from above. To respect those in the deer or whatever quarry we hunt is to respect the Creator responsible for them.
It is true, a typical predator knows nothing of fairness. However, we humans are the one predator that does know what fairness is. Fairness--or at least then call to it-- is in our very nature. A person who is fair is being what a person should be. Consequently, we have to be fair even to the deer and other things in nature according to their place.