Ask a game warden; I think you have to count lost birds as part of you limit.
Really not trying to be argumentative, but I don't think the law requires you to count lost birds. You have a possession limit..... so you need to possess them.
I think you are correct, might make people pass some more questionable shots if the other way though.....
You are required to make a "reasonable effort" to recover downed birds. If you sail them and don"t try to recover them it can be viewed as a wasting violation.
