In a letter dated Sept 1, NOAA Fisheries Service has announced that the 2009 Open Area Observer Days-at-Sea (DAS) Set-aside has been fully utilized. Therefore, for any Open Area scallop trip departing after 0001 hours, September 9, 2009 on which NOAA randomly mandates that an observer must on board, the vessel must bear the cost of that observer without compensation.
The letter from NOAA Regional Administrator Patricia Kurkul reminds vessels that "You must still comply with all the observer notification requirements, and owners will be responsible for paying the cost of observers, if selected to carry observers on an Open Area trip. The Atlantic sea scallop regulations at 50 CFR 648.60(d)(2) state that vessel owners are responsible for paying the cost of observers, regardless of whether the vessel lands or sells scallops on that trip, and regardless of the availability of set-aside for an increased possession limit."