I also assume that it is legal to discard the remains in the lake, so with that being said:

1. The only other real way to prove a short fish from a fillet is with a confession. You might ask the question: "Why would anyone confess?" I can tell you that it has amazed me how many people who are otherwise unchargeable will confess to serious offenses when under the stress of an interview by a CO or other police officer. Every week I see drug cases that come from people who consent to searches of their vehicle or property, while knowing that the evidence is there. Some of this can be attributed to fear. Some of it probably comes from a sense of guilt or a reluctance to lie or be obstructive. Sometimes it is a result of dealmaking, for instance perhaps the officer could charge 5 people but one "fesses up". A large percentage of the cases are made principally on confessions or admissions.

2. Admissions to witnesses. Absent a confession, an admission to you or another bystander is admissible and not prohibited "Hearsay." That being said, it is amazing how many people want to report someone (with that being the only evidence) under the condition that they not have to testify. They often view their responsibilty complete on the phone call reporting misconduct and "After that its your job to prove it." That is a wimpy attitude. IF you are not willing to testify, don't complain about the outcome.


Remember, Due Process and the Constitution still apply to F & G cases. Ultimately, the standard of proof of guilt is beyond a reasonable doubt. I can tell you this, in the near 16 years I have been a practicing attorney, the public jury pool idea of reasonable doubt has increased. Our Juries have been mesmerized by a ridiculous Hollywood idea of what is reasonable. CSI Miami has become CSI Ledbetter. Juries of reasonable people have come to demand outrageous standards of proof because of TV crap that is not real.
This CSI Effect as it has become known has greatly reduced our leverage to get tough penalties. I can't scare someone into pleading guilty if they know that juries will give them a lower penalty or find them not guilty. Also, you need to keep in mind that the national crisis of "animal rights or animal sympathy" has filled even our local rural juries that don't like hunters. This attitude of the general public is effecting jury verdicts every day.

RCO