Continuing past the MAP, KSUN, Hailey Idaho

Opinions please:

Hailey Idaho, KSUN, daytime, ndb dme approach (circling only minima),
map is 5.3 nm back from threshhold, minima are 8000 ft (2681) and 5
miles, with "fly visual to airport" annotation.

1. Since 5.3 nm is just over 6 sm, is this not contrary to the FAR's,
in that you can fly visual to the airport, even though at the map you
cannot see the airport?

2. What would be the legality of deciding just prior to the map that
you've just enough visibility and ceiling for vfr, though well below
the 5 sm in the approach visibility minimums, and continuing vfr until
the field is in site, and landing? Assume that frequency congestion
did not allow you time to cancel ifr.

Stan