I've done it myself when the wind and seas are up so bad that we could only get offshore for a small window on one of the days they are fishing with me......i will kill one on my daily limit and gift it for the group to share up.
I don't see the harm in that but maybe others do. Obviously if there is an annual limit i wouldn't be able to do it.
I am not slinging mud at you here at all on this one, I can see where you are coming from under your described circumstances, however,,,, if this were challanged under a court of law how would it stand up???
Did you catch the gifted fish during the same paid trip that you took the giftee out on? If so, you are no longer "providing" just an experience to a person that wants to be taken to the fish to catch themselves. You are taking them to the fish and showing them how to catch them, but if you charge them for the trip, and "give" them "your" fish, then it may or may not be able to be argued in a court of law that you "sold them" the fish under the guise of an experience.
Or,,,
Did you gift them a fish that you had caught on another trip out by yourself, or out with another paid client? If so, then this may or may not be able to be argued in a court of law that you were selling them recreationally caught fish, if you were compensated for taking them out for an experience that they paid you for, and as a result they received a "gifted" fish from you. At that point, they will have not only paid for the "experience" but also the "gifted" fish or anything else that you give to them, be it pictures of the experience, video, fish bags, the lure that they caught thier fish on, or anything that you give to them for having paid you for an "experience", including yes, the "gifted fish".
Now if they did
not pay you
anything for the "experience", and you gave them a fish (with absolutely no expectaion of any form of compensation - immediate or future), then the fish could be considered a "Gift".
I am not a lawyer, I am not offended by your actions, I am just saying,,,, I don't know if what you are doing for your clients is REALLY truely legal???? Not sure that I would put that one out there too much on a public forum,,, just in case.
Cheers.