Pilots can't teach birds to migrate until FAA rules

A unique wildlife reintroduction program has been grounded pending a ruling by the Federal Aviation Administration.

Operation Migration, in which pilots flying ultralights have been teaching rare Whooping cranes old migration routes from Wisconsin to Florida, has been put on hold while the FAA sorts out a regulatory issue involving the ultralights and their pilots.

At issue, according to a posting on OM's Website, is whether the the pilots are flying for hire or the benefit of a nonprofit organization. Ultralights are licensed as light sport aircraft, and federal rules prohibit craft licensed that way to be flown for hire or business activities.

Operation Migration is 11 years old, and the federal rule in question went into effect in 2008.

The nine birds comprising the "Class of 2011" made it as far as Franklin County in northwest Alabama, where they are penned and waiting for the FAA's decision.

In its website posting, Operation Migration said it has always maintained that its pilots are hired for a wide range of non-flying skills and duties, and that they volunteer their time as pilots.

"In 2010, the FAA Flight Safety District Office (FASO) in Milwaukee investigated the status of OM’s flight operations and accepted OM’s explanation," program director David Sakrison said in the posting. "We were told ... no further action would be taken. Based on that ruling, we began the 2011 season."

Sakrison wrote that the FAA inspected the program's aircraft last August and they "passed with flying colors." But in November, pilots received a "letter of investigation," and in December, Operation Migration decided to stop flying until the matter is resolved.

"The FAA is in support of this project and is working hard to resolve the matter in our favor," Sakrison wrote. "We appreciate their efforts. We are also working with our...partners to develop a contingency plan for completing the migration without aircraft, if necessary."

An FAA waiver would be based on two main factors: safety and public good, Sakrison wrote. Operation Migration has never had an aircraft-related accident, and its contribution to wildlife conservation is well-established.