Here is what you should do as a last resort with a 40 pounder that you don’t think will live:
Put him on a stringer and check him in a half hour. You’ll probably have to fight him all over again to bring him in on the stringer, but that way you’ll know – he’s back.
(Edit): Don’t ever run the stringer through a fish’s gill plate – poke a hole near the center just behind the jaw. I know you hate that, but we’re talking about a fish you think is going to die anyway. If you have one of those cheap lame metal clip stringers, it will make a tiny hole, and the fish will pull itself off within minutes! Very noisy, though.
Bullet – what I was saying is that I wouldn’t eat a 40 pounder, not trying to imply anything at all about you. I’m not a fan of high mercury content – it’s been shown to have very negative effects upon the brain and central nervous system, and even correlated with lower IQs in the next generation among regular mercury-laced fish eaters.
No thanks!
The question of being able to keep a mortally wounded fish is exactly the same (except for the hardiness factor) as during catch and release tournaments of any kind, and for any fish with a size or slot limit. If you can catch a fish that isn’t legal to keep, there is a chance that you might mortally injure a fish you can’t keep. But if you CAN keep that fish, you may change your notion of what mortally injured looks like. I just think making it legal makes it right in too many people’s minds…