A.__The target-determining process to be utilized is that |
which a reasonable and prudent hunter would observe in the |
same situation.__A reasonable and prudent hunter always |
bears the risk of loss of legitimate prey to avoid the risk |
of the destruction of human life.__A reasonable and prudent |
hunter neither disregards the risk of causing the death of |
another human being nor fails to be aware of that risk as a |
consequence of misidentification.__A reasonable and prudent |
hunter never bases identification upon sound alone or even |
upon sound in combination with what appears to be an |
appendage of the wild animal or wild bird sought.__A |
reasonable and prudent hunter, independent of these target- |
determining factors, bases identification upon obtaining an |
essentially unobstructed view of the head and torso of the |
potential target.__This visual sighting is the most critical |
target-determining factor.__Visual sighting of the head and |
torso may present itself intermittently or continuously.__If |
presented intermittently, a reasonable and prudent hunter |
does not make a target-identification decision until this |
visual sighting exists at the point in time the hunter takes |
aim and is making final preparation to shoot.__A reasonable |
and prudent hunter additionally recognizes that these sound |
and sight target-determining factors are affected by a |
number of other considerations, including, but not limited |
to, the distance to the target, surrounding or intervening |
terrain and cover, lighting and weather conditions, the |
hunter's own ability to hear and see, the hunter's own |
experience and the proximity of other persons in the |
hunter's immediate vicinity. |