PETITION FOR EXEMPTION TO 14 CFR 

December 17, 2013 

US Department of Transportation 

Docket Operations 

1200 New Jersey Avenue, SE 

West Building Ground Floor 

Room W12-140 

Washington, DC 20590 

Pursuant to 14 CFR § 11.81 the following information is provided in support of Operation 

Migration’s petition for an exemption: 

This petition for exemption is made by: 

Charles R. Barnett, III 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 

Tel. 815-356-8647 

Fax 815-356-7042 

crb@barnettlegal.com 

As counsel for 

Operation Migration, Inc, and 

Joe Duff 

C.E.O. Operation Migration, Inc. 

639-1623 Military Road 

Niagara Falls, NY USA 14304-1745 

Tel: 905-982-1096 

joe@operationmigration.org 

The specific section of 14 CFR from which Operation Migration seeks an exemption is 91.319(e) 

and 61.113(a) (which was granted as Exemption Number 10429A on March 30, 2012) and 

further requests an exemption from 91.327(a); 

§ 91.319 Aircraft having experimental certificates: Operating limitations. 

[ . . .] 

(e) No person may operate an aircraft that is issued an experimental certificate under §21.191(i) 

of this chapter for compensation or hire, [ . . .] 
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§61.113 Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft. 

(b) [ . . .] 

§91.327 Aircraft having a special airworthiness certificate in the light-sport category: 

Operating limitations. 

(a) No person may operate an aircraft that has a special airworthiness certificate in the light-sport 

category for compensation or hire [ . . . ] 

The reasons why granting Operation Migration’s request would be in the public interest; that is, 

how it would benefit the public as a whole are as follows: 

In the 1940’s only fifteen Whooping cranes existed in the world. They migrated from northern 

Canada to Texas where they were threatened by hurricanes, human encroachment, chemical 

spills or avian diseases. In order to safeguard the species from extinction a second insurance 

flock was needed. However, Whooping cranes learn to migrate by following the parent 

generation. Unfortunately, all of the birds that used the eastern flyway were extirpated from that 

area by the late 1800’s so there were no parents to teach them the route. 

Beginning in 1993, Operation Migration developed the only known method of reintroducing 

endangered birds in a migratory situation. This is accomplished by imprinting the birds on 

handler/pilots and conditioning them to follow a specific ultralight aircraft. 

In 1998, the International Whooping Crane Recovery Team asked Operation Migration to 

spearhead an attempt to establish a second flock that migrated from Wisconsin to Florida. 

An association of nine Federal, State and private agencies known as the Whooping Crane 

Eastern Partnership (WCEP), was formed in 1999. Beginning in 2001 a new generation of 

Whooping cranes was hatched each year at the USGS Patuxent Wildlife Research Center in 

Maryland. In June they were transferred by private aircraft to Wisconsin where their 

conditioning continued. In the fall, they were led along a preselected route to Florida that 

covered 1280 miles and seven states. The birds were monitored over the winter and made the 

return trip back to Wisconsin on their own. There are now 100 Whooping cranes in the eastern 

flyway. So far, they have produced three offspring that have learned this same route from their 

parents. These three are the first wild hatched, migratory Whooping cranes in this area since the 

last nest was reported in 1878. 

The image of a modern aircraft leading an ancient species has generated worldwide media 

attention which provides an unprecedented education opportunity. Through Journey North, this 

project reaches 1.6 million students each year with online study plans. It has been featured on 
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such media outlets as 60 Minutes, 20/20 and National Geographic and is the subject of at least 

nine books. Through Operation Migration’s live web camera and the social media, we reach 

hundreds of thousands of followers. 

Although Operation Migration receives no funding assistance from the U. S. Fish and Wildlife 

Service, they have completed critical tasks to contribute both to the recovery efforts of the 

species under the Endangered Species Act as well as supporting the multi-national Migratory 

Bird Treaty Act. 

In summary, there are many benefits to American people: 

 It safeguards a critically endangered species. 

 It fulfills the mandate of the International Whooping Crane Recovery Team 

 It fulfills the mandate of the Endangered Species Act of the U. S. Fish and Wildlife 

Service. 

 It promotes the conservation and restoration of wetland habitat. 

 It provides an unprecedented education opportunity. 

 It promotes eco-tourism in Wisconsin, Florida and along the migration route 

The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from which 

you seek the exemption are as follows: 

 Operation Migration pilots are high time pilots that have been flying ultralight vehicles, 

specifically weight-shift control aircraft, for many years. 

 All Operation Migration pilots currently hold private pilot certificates. 

 Operation Migration pilots complete an extensive training program that is designed to 

safely and specifically allow the whooping crane flock to migrate from Wisconsin to 

Florida. 

 To keep the birds wild and away from people, the Operation Migration route was 

specifically designed through airspace that is away from airports and over open rural 

areas. Landing sites are mostly on private property in isolated farm fields. 

 Because the birds learn to soar on the vortices created by the wingtip, Operation 

Migration will fly only in calm, cold air at sunrise. Conditions must be perfect in order 

for the birds to follow the pilots so Operation Migration pilots do not fly in adverse 

conditions or marginal VFR weather. 

 Operation Migration recruits the services of volunteer pilots to fly top-cover. These pilots 

fly circles 1000 feet above and one quarter mile out to help monitor the birds, 

communicate with ATC using flight following and to check weather conditions ahead. 

 In order to fly slowly enough for the birds (38 to 40 MPH) Operation Migration aircraft 

are very light and therefore able to glide long distance and safely land in small areas. 

 Operation Migration aircraft are inspected annually. 

 Operation Migration aircraft are hangared and maintained to high standards. 

 Engines are opened for inspection before reaching 400 hours and replaced or 

professionally rebuilt before 600 hours. 
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 In leading birds for thirteen years, Operation Migration has never experienced an 

accident involving an aircraft. 

 This exemption is for the limited purpose of Operation Migration and will not have a far 

reaching impact on any other certificate holders outside of Operation Migration. 

A summary we can publish in the Federal Register, should state: 

Operation Migration seeks an exemption from 14 CFR § 61.113(a) in order to allow Operation 

Migration Pilots holding a private pilot certificate to continue to support and facilitate the 

migration of an endangered species of Whooping cranes. 

Operation Migration seeks an exemption from 14 CFR §91.319(e) in order to conduct its flight 

operations using Light Sport Aircraft to continue to support and facilitate the migration of an 

endangered species of Whooping cranes. 

Operation Migration also seeks an exemption from 14 CFR §91.327(a) in order to conduct its 

flight operations using Special Light Sport Aircraft certificated under 14 CFR § 21.190 once it 

has accepted delivery of said aircraft in order to continue to support and facilitate the migration 

of an endangered species of Whooping cranes. 

Finally, Operation Migration requests the continuance of this exemption until such time as the 

reintroduction of Whooping cranes into the eastern flyway is successfully completed or ended 

because it is not viable. 

The goal is to establish a self-sustaining migratory flock to augment the only surviving natural 

population that winters on the Texas coast. 

Within this partnership, Operation Migration is responsible for care and rearing of a new 

generation of Whooping cranes chicks each season. The birds are imprinted on the handlers/ 

pilots and conditioned to follow our aircraft on their first migration to wintering grounds in the 

south eastern United States. 

The Department of the Interior has authority over all endangered species within the United 

States. The Whooping Crane Recovery Team, made up of five biologists, is charged with the 

responsibility of safeguarding Whooping cranes from extinction. To do that, additional 

populations were needed but until Operation Migration developed a technique for teaching birds 

to migration, no method of reintroducing them in a migratory situation existed. 

To help fulfill the Recovery Team mandate a collation of nine Federal, State and private agencies 

known collectively as the Whooping Crane Eastern Partnership. (WCEP) was formed in 1998. 

WCEP is authorized to conduct this work under permits issued by the US Fish and Wildlife 

Service. 

Member agencies of WCEP include: 

 The U. S. Fish and Wildlife Service 

 The National Fish and Wildlife Foundation 

 USGS Patuxent Wildlife Research Center 
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 Operation Migration 

 Wisconsin Department of Natural Resources 

 The Wisconsin Natural Resources Foundation 

 The International Crane Foundation 

 The USGS Wildlife Health Center 

 The International Whooping Crane Recovery Team 

Each year the results are evaluated and WCEP makes recommendations for approval by the 

Recovery Team. Although Operation Migration is a founding member of WCEP, it does not 

have autonomy over the methods used to reintroduce the birds or the duration of project. 

The goal of WCEP is to establish a self-sustaining migratory population that uses the eastern 

flyway. The self-sustaining level will be achieved when the flock reached a minimum number of 

125 individuals including approximately 25 breeding pairs. There are currently 100 birds in the 

eastern flock however Whooping cranes are a long-lived species that is slow to breed, and only 

six wild hatched chicks have been produced so far. Success could be achieved within five or ten 

years depending on survival rates and reproduction. The decision to continue for that period or 

end the study will be made by the Recovery Team. 

Because a mechanism already exists that determines the duration of this project and/or the use of 

the aircraft led method conducted by Operation Migration, we requests an extension of the FAA 

exemption until such time as the project is completed or ended by the Recovery Team. 

 

Operation Migration believes it will be in a position to replace its fleet of Experimental LightSport Aircraft with a fleet of Special Light-Sport Aircraft prior to the commencement of the field 

season beginning near the fall of 2014. Replacement aircraft will consist of North Wing Apache 

aircraft manufactured by North Wing aircraft manufactures in Chelan, Washington. All 

replacement aircraft have been completely funded by donations and are currently under 

development. Operation Migration intends to work with its local FAA office to develop a 

program to facilitate subsequent successful migrations of the endangered whooping cranes that 

would include the use of Special Light-Sport Aircraft certificated under § 21.190 in order to 

continue operations under subsequent exemption extensions. 

Operation Migration request the exemption to 91.319(e) remain in effect until such time as it has 

accepted delivery of at least three of its Special Light-Sport Aircraft which is anticipated to be 

prior to November 1, 2014. Further, Operation Migration request the exemption to 61.113(a) 

and 91.327(a) to continue until such time as the reintroduction of Whooping cranes into the 

eastern flyway is successfully completed or ended because it is not viable as determined by the 

U. S. Department of Fish and Wildlife. 

Respectfully Submitted, 

Charles R. Barnett, III 

crb@barnettlegal.com 

Barnett & Borth, LLC 

800 Waukegan Road, Suite 200 

Glenview, IL 60025 
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Tel. 815-356-8647 

Fax 815-356-7042 

As counsel for 

Operation Migration, Inc