I called Judge John Barclay for his legal opinion since he dealt with G&F cases for 20+ years.. I started to lay out the hypothetical and didn't even get past the part about glassing from the wrong unit into the right one, before he interrupted me with, "Technically, he is hunting in the wrong unit. He would be cited if a game warden shows up, and I would find him guilty."
I eventually finished the whole thing with the shooting. One point he raised was possibly having to explain to the warden that the hunter hadn't shot the deer in the wrong unit, and it ran into the right unit, where it died.
I told him the commissioner said it's legal. He said, "Good. He can pay the guy's fine."
Now, I'm done beating this dead horse. 😉