I didn't know that you had judged.
We aren't talking about rules. We're talking about solving a problem within the rules. For that matter, a "re-run" isn't in the rules either in these circumstances. There's a whole lot that isn't in the rules that represent situations that require interpretation. That's why we're called judges....not scorekeepers.
Once the birds are down and the judges release the dog, there's very little they can do except score the dog. In this instance, the judges score the dog to the AOF and then on the delivery. This means the dog completed a retrieve and can be carried if the scores warrant it. If the dog were to return without the bird, there's nothing to be done except "0" the dog. They can't call "no bird" after the dog is released. So, the dog must have a bird in the mouth when he returns and we're saying that there's no bird out there for him to get. All you can do is provide it.
On page 34 there is a section called "Unusual Circumstances". The first paragraph in the section reads...
"If unusual and unplanned circumstances occur during the course of a marking test, the Judges can ask the handler to handle the dog, or otherwise compensate for the unanticipated occurrence."
It then covers generally much of what we've been talking about and ends with...
"Many situations will occur that cannot be specifically addressed in the Regulations or Guidelines. In these instances, Judges must draw on their experience to arrive at fair decisions."......
You keep repeating the idea that a judge cannot call for a no-bird or a re-run after the dog has been released. This is not true. I have bolded both the erroneous statement & also a rules reference you added that clearly supports the ability for judges to call for a re-run. I have challenged some of your statement/posts already on this topic but you have ignored them. I again have to question this statement where you at length say judges have no ability to call for a re-run once a dog has been released to retrieve because judges clearly have that option in order to
"otherwise compensate for the unanticipated occurrence". Examples might be a flyer runner that causes an unfair or unsafe condition that was not determined prior to releasing the running dog, a BB moving so as to interfere with a running dog, an honor dog interfering with the running dog, a dog from behind the line out of control and interfering with a running dog, gallery members disturbing the running dog, someone other than the handler blowing a whistle to interfere with the running dog, etc, etc - I could go on.....
But there are judges who seem to be more interested in following the letter of the rules rather than the intent & such judges frequently come up with biased or extreme interpretations of the rules. Such judges many times also are more intent in failing dogs than judging the work of dogs against fair tests.
I eliminated the portion of your quote dealing with another sport as not germain to the discussion. I just think judges should be dog people who know the rules, use common sense when judging, treat each dog/handler team fairly & set-up tests not looking to fail dogs but judge good work.
Like many such threads, the OP's topic senario was s simple question & the answer IMO is that if the judges decide the running flyer presented an unfairly changed test, they have every right under the rules to call for a re-run. In the re-run, according to FT rules, the dog is judges only on that portion of the test not completed in the first run. Further it is encumbant upon the handler to attempt to pick up the birds in the same order attempted in the first run. End of story, next dog.