Federal government rejects emergency order to protect killer whales

The federal government has declined to issue anemergency order under the Species at Risk Act that would furtherprotect the endangered killer whales off British Columbia's coast.

An order-in-council issued Thursday said the government hasalready taken several measures to ensure the recovery of thesouthern resident killer whales.

Fisheries Minister Jonathan Wilkinson said in a statement Fridaythat the government "carefully weighed various options" to protectthe whales, and it does not believe an emergency order would behelpful.

'Only a tool'

"An emergency order does not contain measures in of itself, itis only a tool governments can use as an implementation mechanism,"he said.

Wilkinson said the government announced new measures on Wednesdayto ensure that when the whales return to the waters in greaternumbers in spring, they have cleaner water to swim in, more Chinooksalmon to eat and a quieter place to call home.

• Ottawa wants to create new protected areas for killer whales off B.C. coast

The government also plans to work with the U.S. to align shippingregulations, he said.

Emergency order could help: conservationists

However, Misty MacDuffee, a conservation biologist at theRaincoast Conservation Foundation in B.C., said the emergency orderwould have allowed the government to do certain things it currentlydoesn't have legislation or powers to do.

Five conservation groups, represented by the environmental lawgroup Ecojustice, had teamed up to launch legal action aimed atprotecting the endangered whales in September.

• Lawsuit demands federal departments act to protect southern resident killer whales

In a statement, the groups said they are "deeply disappointed"by cabinet's rejection of what they believe is the best tool to helpthe recovery of the whales.

The designation would have allowed the government to cut throughred tape and bring in wide-ranging protections for species at risk,it said.

With only 74 animals remaining, southern resident killer whalesare in crisis, they said.