Are you still considered "hunting" if you stay in your deer stand after dark? Lets say you are still there because there are deer out there that you don't want to spook off and you give it a little while then slip out.

Another situation is it legal to get in your stand way before daylight, like 4 in the morning, because you want to be there when they come out of the fields, and would risk busting them out or being seen by coming in right at daylight.

I guess my question is, does the infraction happen when you actually shoot or you just have the ability to shoot because you have a gun with you after or before shooting hours.