It is easy to blame federal regulators and the shipping industry for acting too slowly to stop the inadvertent killing of North Atlantic right whales. However, the first time a shipment of heating oil was delayed in January or a boat full of televisions was held up in port because shipping lanes were closed or vessels were told to travel more slowly to protect right whales, the public outcry would be resounding. This is not to excuse the lack of action but to acknowledge that any changes are more complex than they initially appear.

There are about 350 of the endangered whales in the Atlantic Ocean. Four have been killed in the last six weeks, the last two within one 24-hour period. It is too early to know what killed the last two, but the others were the victims of collisions with ships.

Ship strikes are responsible for about half of all known, human-caused deaths of right whales, according to the National Marine Fisheries Service. From 1975 to 2002 at least 38 right whales have been involved in such collisions. The whales are especially susceptible to ship strikes because they swim near the surface, are slow moving and are not aware of their surroundings when eating.

Last year, NMFS released a strategy to minimize ship strikes. Recommended solutions include re-routing ships longer than 65 feet around the highest-risk areas and reductions in speed in those areas. Before any strategy can be implemented, recently gathered public comments must be analyzed, new rules officially proposed and public comment on the proposed rules taken and considered. The agency is considering whether to propose emergency rules, which could be implemented more quickly, but would still require public comment periods and environmental reviews. Either way, more whales are likely to die before new rules are in place.

Regulating the shipping industry is difficult. Shippers work on tight schedules to get products to customers when they want them. In addition, ports must coordinate ship traffic to ensure the efficient loading and off-loading of cargo. If vessels were suddenly told to slow down or steam around certain areas to avoid right whales, the whole system could be thrown out of kilter.

If federal regulators and shipping companies are seeking an approach to emulate, they can look to the U.S. Navy. Last month, the Navy issued guidelines to raise the awareness of right whales and to suggest steps, such as reduced speeds and route changes, to avoid them. It did so voluntarily.

So, while the NMFS rule-making process moves at a glacial pace, voluntary measures could be crafted and put in place now to spare right whales and give the shipping industry the predictability it needs.