The Maine Lobstering Union and Friends of Penobscot Bay are questioning the state’s Department of Marine Resource’s science and motives behind the agency's permanent closure of an additional five square miles of upper Penobscot Bay to lobstering.  (Read: Detecting more mercury contamination, state extends Penobscot Bay lobster, crab closure area)

 Attorney Kim Ervin Tucker, representing the Maine Lobstering Union, wrote in comments to DMR : "DMR’s proposal to close an additional 5.5 square miles to all lobstering and crabbing has unjustifiably damaged the reputation for wholesomeness of all Maine lobsters, especially Penobscot Bay lobsters."

"This closure amendment is proposed in the absence of sound scientific support or legal authority under Maine law." Tucker wrote.

Friends of Penobscot Bay  criticised DMR's use of emergency rule-making to make such closure decisions.

"We ask that you do NOT make this closure permanent in DMR rule via the 'emergency route " the group urged, in its letter to DMR.  "Rather, standard non-emergency rulemaking will be better for this complicated issue that should have far more thorough examination by the affected communities than the comparatively brief time allowed under emergency rule making."

The bay group also pointed out the implications of the emergency rule for the legal standing  of Penobscot Bay commercial fishing communities in bay environmental decisions. Calling them "powerful and informed voices, guiding federal and state decisionmaking on dredging proposals and spoils dumping decisions." the group warned that   "...when the waters they fish professionally are closed to lobstering and crabbing, those displaced fishermen no longer have 'standing' in government decisionmaking affecting the seafood and other species of those waters"

That's not acceptable, FOPB says.