actually in the strict technical sense of the regulations there is no regulation that prevents anyone from filling an out of hydro tank as long as said tank is not offered for transportation in commerce.
Well, almost. I guess we will see how the courts rule on "transportation in commerce", as it stands right now, If a dive shop fills a cylinder that is not theirs, it is considered commerce regardless of whether they charge a fee or not. If a chartered boat takes a customer on the water it is considered transportation for commerce.
If you have a compressor, fill your own cylinders, and dive your own cylinders, not allowing another to use them then you are correct.