Minutes

Board of the Department of Natural Resources
217 Ft. Johnson Road

Charleston, South Carolina

Friday, February 16, 2001

9:00 a.m.

 

 

The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 9:00 am, on Friday, February 16, 2001, at the auditorium of the Marine Resources Division, Charleston, South Carolina.  Notice of the date, time and place of the meeting was posted and mailed to the news media.  Chairman Dr. Joab Lesesne presided at the meeting.  Board members present included Dr. Julius Leary, Danny Ford, Ben Gregg, M. Russell Holliday, Jr., Malloy McEachin and Dr. Douglas Rucker.  Dr. Paul A. Sandifer and staff members of the Department of Natural Resources were present at the meeting, as were various guests.

 

I.     Call to Order

             Chairman Lesesne called the meeting to order at 9:00 a.m. and welcomed everyone to the meeting.

 

  II.      Meditation

         Chairman Lesesne asked for a moment of silent meditation.

 

III.  Introduction of Guests

        Chairman Lesesne asked Cary Chamblee to introduce guests present at the meeting.  Mr. Chamblee introduced Caroline Pinkney, Research Director with the Senate Fish, Game and Forestry Committee; Pat Robertson; Lynne Langley, Post and Courier; Rebecca Parkes, Forest Watch.

 

  IV.    Constituent Comments

            Mr. Chamblee introduced Bob Bailey, Executive Director of Sportsmen’s Coalition, and asked him to address the Board.  Mr. Bailey’s comments were directed toward the definition of possession of game and non-game animals.  Mr. Bailey asked the Board to give consideration to a basic definition of what constitutes possession.  Mr. McEachin volunteered  to research this issue.

 

V.        Approval of Minutes

            Chairman Lesesne asked if there were any corrections or additions to the minutes of the January 19, 2001, meeting.  There being no corrections or additions Dr. Leary made a motion that the minutes of the January 19, 2001, meeting be approved as submitted.  Dr. Rucker seconded the motion and the motion carried unanimously.

 

  VI. Presentations/Commendations

            Dr. Sandifer introduced Anne Hale Miglarese and asked her to make a presentation to Bob Van Dolah.  Mr. Van Dolah is the recipient of the NOAA “Hammer Award”.

 

Dr. Sandifer recognized Jennifer Moore for receiving the AFS Jack Bayless Award.

 

            Dr. Sandifer Recognized Loren Coen for being named to the National Shellfish Association Board.

 

            Dr. Sandifer recognized Craig Browdy for being elected President-Elect for the World Aquaculture Society.

 

            Dr. Sandifer recognized John Miglarese for being named to the Board of Directors of the Charleston Marine Institute.

 

            Dr. Sandifer recognized the following DNR employees who recently completed the requirements for the Associate Public Manager (APM) Program sponsored by OHR:  Valerie Campbell, Mike Creel, Glen Connelly, John Lucas and Linda Renshaw.

 

            Dr. Sandifer commended all Department staff that worked to make the DNR Legislative Reception a success.

 

            Dr. Sandifer commended Mac Watson and Freshwater Fisheries personnel for their “sod laying party” recently at the Cheraw Fish Hatchery to correct extensive erosion problems and saving their section approximately $4,000 in labor costs.

 

VII. Advisory Committee Reports

A.   Wildlife and Freshwater Fisheries

Ms. Holliday reported that the Wildlife and Freshwater Fisheries Advisory Committee met on February 1, 2001.  The Committee received comments from a constituent recommending the consideration of a buck tagging program to better control the buck harvest.  After some discussion of this issue, the Committee decided that the public would not be supportive of a buck tagging program and that the private landowner should be responsible for controlling the buck harvest on their properties.  The Committee had discussions on baiting of deer in the Piedmont and the copper levels in Lake Murray and other areas.  The Committee received reports on FERC relicensing; waterfowl harvest; a new deer research proposal and road hunting.

 

          B. Marine

                  Mr. Gregg reported that the Marine Advisory Committee met on February 15, 2001.  The Committee received updates on the Saltwater License Initiative and sea turtles.  The Committee received reports on the impacts of cold water temperatures on shrimp.  The Committee also had a discussion of the three-mile line and the difficulties of interpretation and enforcement.  Mr. Gregg recognized Peter Dodd, a member of the Marine Advisory Committee.

 

VIII. Executive Session

            At this time, Dr. Leary made a motion that the Board hold an executive session to discuss contractual matters.  Dr. Rucker seconded the motion and the motion carried unanimously.

 IX.    Return to Regular Session

The Board returned to regular session and invited staff and guests to join the meeting.

 

X. Advisory Committee Reports

A.   Heritage Trust

Mr. McEachin made a motion that the Board approve the Heritage Trust Board’s recommendation to acquire the Congaree Bluffs property in Calhoun County.  Ms. Holliday seconded the motion.  Mr. Gregg recused himself from any action due to his serving as a member of the Congaree Land Trust Board.  At this time a vote was taken and the motion carried unanimously with Mr. Gregg abstaining.

 

Mr. McEachin reported that the Heritage Trust Advisory Board met on February 1, 2001.  At this meeting they approved five new projects.

 

XI. Items for Board Action

A.   Saltwater License Public Education Initiative

John Miglarese asked Wayne Waltz to make a presentation to the Board summarizing the education initiative for this issue.  Mr. Waltz made his presentation to the Board and answered questions posed by Board members.  Mr. Gregg made a motion that the Board direct DNR staff to work with constituent groups and the General Assembly to seek an increase in the saltwater fishing license fee structure that mirrors the freshwater fishing license fee structure.   Dr. Rucker seconded the motion and the motion carried unanimously.

 

B.   Amendments to FOIA Policy #500.01

Jim Quinn reviewed the proposed amendments to FOIA Policy #500.01 made since Board members received their packages in the mail.  After much discussion and several questions, the Board asked staff add language in the policy to require staff to give reasons for non-disclosure of items requested pursuant to the Act and bring it back to the Board at their March meeting.

 

C.   Amendments to DNR Disciplinary Policy #701.03

     Jean Cowell reviewed the proposed amendments to DNR Disciplinary Policy #701.03.  After much discussion and questions posed by Board members, the Board asked staff to review the policy for consistency in disciplinary actions and bring it back to the Board at their March Meeting.

 

D.   WMA and Heritage Trust Property Acquisitions

These items were deferred to executive session.

 

XII.       Director’s Briefings

A.   Executive Office

Dr. Sandifer updated the Board on the Jocassee Gorges leg of the Palmetto Trail.

 

Dr. Sandifer informed the Board of the annual Human Affairs Commission report on “The Status of Equal Employment Opportunity in South Carolina State Government” and provided DNR results.

 

Dr. Sandifer mentioned Pat Robertson’s article in The State newspaper on January 28, 2001, about the end of duck season and hunting ducks on the Santee Coastal Reserve.

 

Dr. Sandifer noted that Cary Chamblee represented him at a meeting of Clemson University Advisory Committee held on January 30, 2001 at the NWTF headquarters in Edgefield.

 

Dr. Sandifer stated that Mr. Chamblee represented DNR at the Environmental Awareness Award presentation held in the State House Rotunda on February 7, 2001.

 

Dr. Sandifer represented DNR in a meeting of Representative Koon’s House Ways and Means Economic Development, Environment and Natural Resources Subcommittee regarding the DNR budget.

 

Dr. Sandifer and Dr. Lesesne will be attending the NWTF annual meeting to be held in Columbus, Ohio.

 

Dr. Sandifer informed the Board that Senator Yancey McGill and members of his Senate Finance Subcommittee along with staff member Bruce Duke will be visiting DNR on Tuesday, February 20, 2001.

 

B.   Habitat Protection

Barry Beasley reported that on January 31, 2001, a meeting of the SC Land Legacy Initiative was held at Archives and History.  Mr. Beasley stated that at this point in time the Land Legacy Initiative is focused on efforts around the Campsen bill.  Mr. Beasley also informed the Board that a long-term habitat protection/land conservation strategy is being formulated by DNR.

 

C.   Legislative

Derrick Meggie updated the Board on the status of bills proposed by the Department and those that are of interest to the Department.

 

D.   Environmental

Ed Duncan reviewed the Supreme Court Ruling on the Solid Waste Agency of Northern Cook County v. US Army Corps of Engineers, which involved statutory and constitutional challenges to the assertion of the Clean water Act jurisdiction over isolated, non-navigable, intrastate waters used as habitat by migratory birds.

 

XIII.   Deputy Directors’ Reports

A.   Law Enforcement

Lt. Col. Stanley Smith asked Maj. Taylor to distribute copies of the boating accident report to the Board.  Lt. Col. Smith informed the Board that waterfowl cases are up this year compared to last year.

 

B.   Conservation Education and Communications

Carole Collins informed the Board that the judging has been held for the 2001 Jr. Duck Stamp Competition and distributed copies of the Best of Show.

 

C.   Marine

Dr. Miglarese introduced Elizabeth Von Kolnitz, Office of Public Affairs.  Mrs. Von Kolnitz updated the Board on the efforts of the Department in using grant money from the Gaylord and Dorothy Donnelley Foundation to help teach students in Colleton County using “hands on” marine science environmental education activities.

 

David Cupka gave a report on the cold kill of shrimp.

 

D.   Land, Water and Conservation

Freddy Vang distributed to the Board a copy of the Aquatic Plant Management Plan.  Mr. Vang also distributed copies of a correspondence received from FEMA.

 

E.    Administrative Services

No further report.

 

F.    Wildlife and Freshwater Fisheries

Billy McTeer reported that at this time it does not appear that the USFWS will be approving an extension in the waterfowl season.

 

  

XIV. Executive Session

            At this time Dr. Leary made a motion that the Board hold an Executive Session to discuss legal, contractual and personnel matters.  Dr. Rucker seconded the motion and the motion carried unanimously.

 

 

XV. Return to Regular Session

Dr. Leary made a motion that the Board reappoint Knox Haynsworth to the Law Enforcement Advisory Committee.  Mr. Gregg seconded the motion and the motion carried unanimously.

 

Dr. Leary made a motion that the Board reappoint Pinkney Skinner to the Conservation Education and Communications Advisory Committee. Mr. Gregg seconded the motion and the motion carried unanimously.

 

Dr. Leary made a motion that the Board allow Heritage Trust to proceed with the procurement of the Georgetown Lighthouse.  Mr. Gregg seconded the motion and the motion carried unanimously.

 

Dr. Leary made a motion that the Board approve the purchase of a tract of land in Union County of 199 acres.  Ms. Holliday seconded the motion and the motion carried unanimously.

 

Dr. Leary made a motion that the Board award three Meritorious Service Awards to be given at a later date.  Ms. Holliday seconded the motion and the motion carried unanimously.

 

Dr. Leary made a motion that it be noted in the minutes that the Board has reviewed Dr. Sandifer’s mid-year agency head evaluation.  Ms. Holliday seconded the motion and the motion carried unanimously.

 

XVI.     Time and Location of the Next Meeting

Chairman Lesesne stated that the next meeting of the DNR Board will be held on Friday, March 23, 2001, at Rosewood’s at the State Fairground, beginning at 9:00 a.m.

 

XVII. Adjournment

There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.