BOARD OF THE DEPARTMENT OF NATURAL RESOURCES
Myrtle Beach Hilton
Myrtle Beach, South Carolina
Friday, January 16, 1998
The regular meeting of the Board of the South Carolina Department of Natural Resources was held
at 10:00 a.m. on Friday, January 16, 1998, at the Myrtle Beach Hilton, in Myrtle Beach, South
Carolina. Notice of the date, time and place of the meeting was posted and mailed to the news
media. Dr. George Graham presided at the meeting. Board Members present included Tommy
Miller, Marion Burnside, Campbell Coxe, Ted Oxner, Mary Pope Waring and Corky Lee. 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 Graham called the meeting to order at 10:00 a.m. and welcomed everyone to the
Chairman Graham asked for a moment of silent meditation.
III. Approval of Minutes
Chairman Graham asked if there were any corrections or additions to the minutes of the
October 17 and November 21, 1997 meetings. There being no corrections or additions, the
minutes were accepted as mailed.
Chairman Graham expressed appreciation to the SC Association of Conservation Districts
for all it does to work with the Department. Chairman Graham introduced Jim McLeod,
President of the SCACD. Mr. McLeod expressed appreciation to the Board for meeting with
the SCACD at their annual conference. Mr. McLeod distributed copies of the SCACD 1998
Policy Positions for the Board members to review.
Chairman Graham recognized and thanked Von Snelgrove and Freddy Vang for the
arrangements for the conference and the reception.
A. Meritorious Service Award
On behalf of the board, Dr. Graham, Tommy Miller, Dr. Sandifer and Dr.
Timmerman presented the Board's Meritorious Service Award, the highest award
the Board bestows for outstanding achievements, to John Frampton. Frampton was
praised for 25 years of service on behalf of the state's natural resources and most
especially for his outstanding efforts in negotiating the agreement to purchase the
Jocassee Gorges property.
V. Items for Information
A. Proposed Federal Air Quality Regulations
Mr. Jerry Chalmers, DHEC, reviewed the proposed Federal Air Quality Regulations
and the problems perceived by DHEC. Mr. Chalmers reviewed briefly the regional
haze, PM2.5 (particulate matter) and ozone regulations. After Mr. Chalmers'
presentation, the Board reviewed the recommended resolution prepared by staff
concerning prescribed burning. Mr. Coxe suggested that the conservation districts
and Department of Agriculture be involved in this resolution. Mrs. Waring
suggested some amendments to the proposed resolution. Staff were directed to
re-work the proposed resolution and present a revised version to the Board prior to
the end of the meeting.
B.Jocassee Gorges Management Planning Process
Brock Conrad reported that the Jocassee Gorges Management Planning Process
is well under way. The Management Plan Team held a public meeting on January
8, at Pickens High School. There were approximately 800 individuals in attendance.
This meeting was considered a tremendous success with several positive
comments on how the meeting was handled. Dr. Chris Sieverdes, Clemson
University, brought in 20 facilitators to facilitate the 20 break-out groups. There will
be a Team meeting on January 22 to discuss the public meeting and other aspects
of the plan. Two additional public meetings will be held in the spring, one in the
Jocassee area and the other in Columbia. A draft plan will be available at the
meetings for public review. This will be a conceptual plan that will be reviewed and
C.Update on Hunt Activity at Francis Marion National Forest
Bill Mahan reported on the hunt activity at Francis Marion National Forest.
Biological and check-in data have been collected and will be compiled in the near
future. A meeting was held earlier this week with the primary landowners in the
Francis Marion Hunt Unit. Information from this meeting will be used to develop
recommendations for the 1998 hunting season on the Francis Marion Unit. Other
preliminary recommendations are being reviewed by the US Forest Service and
Santee Cooper. Staff proposals and recommendations will be prepared for the
Board's consideration at a future meeting.
Sgt. Chuck Dial reported on the Law Enforcement activities in the Francis Marion
National Forest. Sgt. Dial informed the Board that there were 112 deer hunting
days in the Francis Marion last year, 76 of those for dog hunting. Officers spent
2,672 hours working in the Francis Marion and made 125 cases, including 92
against dog hunters and 33 for other violations.
VI.Items for Board Action
John Miglarese introduced Charles Moore who presented a major points from a
detailed report on the longlining issue which had been sent to each Board member.
Mr. Moore reported on the technical, regulatory and cultural areas of the longlining
issue. Mrs. Waring made a motion that the DNR Board move forward with the
Marine Resources Division longlining fishery recommendations to the Secretary of
Commerce in the form of a letter that had been distributed to the Board Members.
Mr. Miller seconded the motion. Motion carried unanimously. (Copy of letter
attached to original minutes)
B.1998 Aquaculture Research Plan
Dr. Miglarese stated that according to section 50-3-90 of the South Carolina Code
of laws game and fish cultural operations and scientific investigations must be
conducted with the approval from the Board. In the future, this information will
become part of the Department's annual operating plan which will be concurrent
with the State fiscal year. Mrs. Waring moved that the Board approve the Annual
Aquaculture Research Plan as presented by Dr. Miglarese. Mr. Lee seconded the
motion. Motion carried unanimously.
C.Annual Fisheries Plan for Expenditures from Mitigation Trust Fund
Mr. Stallworth outlined a process for receiving and administering the spending of
mitigation payments for fish mortalities occurring via entrainment at hydroelectric
projects. DNR staff will brief the Board annually on mitigation activities occurring
over the past year and will seek approval for plans for the next year's activities. Mr.
Stallworth will have such a plan for Board approval in March. This plan will be jointly
recommended by the US Fish and Wildlife Service, the permitees, and DNR staff.
Mr. Stallworth requested the Board's approval to use the Mitigation Trust Fund as
outlined. The Board had no objections to this process.
D.Proposed Regulation Changes at Star Fort Pond, Proposed Regulations Establishment for Sunrise Lake and Approval of Lease Amendment at Sunrise Lake
Mac Watson review the proposed regulation changes at Star Fort Pond. The
proposed changes are, 1) open the lake to fishing on Fridays, and 2) establish a
twelve inch minimum length on largemouth bass. Mr. Watson reviewed the
proposed regulations for Sunrise Lake (proposed regulations attached to the
original minutes). Mr. Watson requested approval of the lease amendment at
Sunrise Lake. The original survey left off a half acre pond, but has since been re-surveyed to include this pond in the lease. Mr. Burnside made a motion that the
Board accept all three proposals. Mr. Lee seconded the motion. Motion carried
E.Sale of Deer By-Products
Charles Ruth reviewed Section 50-11-1910 which prohibits the sale of finished
products containing material from any species of deer. Section 50-11-1910 allows
for the sale of raw deer hides during deer season and 30 days thereafter, but
prohibits the sale of products made from these hides. Mr. Coxe made a motion that
the Board accept staff recommendations to amend Title 50 Chapter 11 to provide
for the sale of finished products containing deer parts. Further, the sale of white-tailed deer meat, white-tailed deer gametes and white-tailed deer antlers in any form
including antler velvet would remain prohibited. Mr. Lee seconded the motion.
Motion carried unanimously.
VII. Advisory Committee Reports
A.Wildlife and Freshwater Fisheries
Brock Conrad informed the Board that the Wildlife and Freshwater Fisheries
Advisory Committee discussed the sale of deer by-products and white-tailed deer
as pets. Recommendations on the latter will be made at a future meeting.
Col. Huguley reported that the Law Enforcement Advisory Committee received
several reports, including LAC recommendations that affect the Law Enforcement
Division, and a report on a proposed contract or agreement for work between the
Law Enforcement Division and National Marine Fisheries Service. More details will
be given regarding the contract or agreement during Col. Huguley's Deputy Director
The Law Enforcement Advisory Committee will be meeting the second Wednesday of every other month.
Mrs. Waring reported that in the Chapter 5 rewrite, the discretionary authority given
to DNR has been removed from legislation. Several inquiries have been received
about this change. The MAC received a report on the status of the indigenous
shrimp importation regulation.
Dr. Sandifer reported that it has been recommended that Chris Andrews, the new
Director of the SC Aquarium being constructed in Charleston, be asked to make a
presentation at the February Board meeting.
VIII. Director's Briefings
Michael Thompson reported that this is the first week of the legislative session
and we have several large issues on the table. Mr. Thompson informed the
Board that the Department will be having a legislative social for the House
Agriculture, Natural Resources and Environmental Committee and the Senate
Fish, Game and Forestry Committee on January 28 and invited all members
to attend. Dr. Sandifer circulated invitations to each Board member for the
Nothing to report.
Jean Cowell shared with the Board the results of the annual evaluation from
the Human Affairs Commission on efforts toward reaching the affirmative
action goal. This report will be going to the Legislature later this month. Ms.
Cowell also distributed an updated Department telephone directory.
Nothing to report.
Mr. Reeves reported that the Jocassee Gorges Endowment Fund legislation
had been introduced in both the Senate and House. Mr. Lee raised questions
about provisions that appeared to allow spending the principal of an
endowment fund under certain conditions. Mr. Reeves informed the Board
that there was still time to make adjustments to this legislation. Mr. Lee
suggested changing it from an endowment fund to a trust fund. Dr. Sandifer
noted that the paragraph in question might be changed to indicate that the
principal would only be expended for acquisition of additional acreage in the
Jocassee Project Area and only by Board approval.
At this time the Board recessed to attend a luncheon with the SC Association of Conservation
Districts. Following lunch, the regular meeting resumed.
2.Land, Water and Conservation
Freddy Vang extended his appreciation to Von Snelgrove for the efforts put
forth in the planning and organization of this conference.
Mr. Vang distributed copies of a Memorandum of Understanding between the
Department of Natural Resources and the SC Association of Conservation
Districts and another Memorandum of Understanding between the
Department of Natural Resources and the SC Conservation Districts
Foundation, which outline the duties of each party and noted they will be in
conformity with the recommendations in the Legislative Audit Council Report.
Mr. Vang thanked Ester Haymond, of the Legal Office, for her efforts in this
Mr. Vang reported some very positive accomplishments during the last six
months in consolidating the Land and Water Divisions and Geological Survey
into a single Division.
Mr. Vang also noted that the Ashley River's designation as a scenic river is
moving forward. Mr. Vang requested that this item be placed on the February
Board Meeting Agenda for Board action.
Mr. Vang announced the upcoming Southern Drought Management Workshop
that will be hosted by the Land, Water and Conservation Division. This
workshop will be held March 31 - April 2, in Columbia.
Following up on earlier discussions regarding a proposed Board Resolution
on Air Quality, Mr. Coxe made a motion that the Board adopt the following
resolution on Prescribed Burning and Necessary Agricultural Practices. Mrs.
Waring seconded the motion. Motion carried unanimously. (Copy of
resolution attached to the original minutes)
3.Natural Resources Enforcement
Col. Huguley reported that the law suit against the Department in the upstate
over the fallow deer issue has been dismissed.
Col. Huguley informed the Board that the Law Enforcement Division has
established a goals committee. This committee will work on the goals of the
strategic plan as well as provide a mechanism to receive employee input on
Col. Huguley reported to the Board the progress made with regard to the
enforcement of several federal and state fisheries laws. Law Enforcement
officers are authorized to enforce federal fishery laws up to the 200 mile limit
of the Economic Exclusion Zone. The National Marine Fisheries Service
(NMFS) is discussing the possibility of providing a substantial amount of
money to be used to fund increased saltwater fisheries enforcement via
additional marine equipment, training and staffing. With regard to the
equipment, plans are being considered to re-power Wildlife I and to purchase
two trailerable offshore patrol boats. Also included in the funding would be
maintenance and operation costs for these three vessels. Col. Huguley stated
that there may be some staffing possibilities from federal funds for this effort.
If the equipment is purchased with the first round of federal money, there may
be additional federal money in subsequent years that could be directed toward
staffing. However, the initial funding commitment is for one year only. A
number of questions were raised by Board members with regard to this
proposal, and Dr. Sandifer directed Col. Huguley to send copies of the first
draft agreement between the NMFS and the DNR to the Board members for
their information and any necessary follow-up.
4.Wildlife & Freshwater Fisheries
John Frampton reported on the Harvest Information Program (HIP). Mr.
Frampton commended the staff of CEC for their work on a HIP logo and for
securing the necessary materials. Mr. Conrad distributed, as information,
copies of the summary of the weekly Waterfowl Survey. Mr. Conrad also
distributed, as information, copies of two reports concerning deer hunting with
5.Conservation Education and Communications
Sonny Baines informed the Board that the draft business plan for the
magazine has been submitted to Dr. Sandifer. Dr. Sandifer commented that
he has reviewed this extensive plan and feels that John Davis and the
magazine staff have done an excellent job.
Reporting for John Miglarese, Dr. Sandifer reported that the written agreement
between DNR and the King Mackerel Governor's Cup Series has been
developed as per the Board's instructions.
Dr. Sandifer informed the Board that the shrimp trawling season was closed
in the northern 2/3 of the state, on January 5. The area from Fripp Island
south has been left open for the time being.
Dr. Sandifer updated the Board on the Governor's Budget. The Department
was not cut but was also not recommended for increases.
Dr. Sandifer provided information on vehicles. The number one budget
priority was for Law Enforcement automobiles. Department wide, 23% to 40%
of the vehicles have greater than 100,000 miles. Roughly 1/4 of the Law
Enforcement Division's vehicles have more than 100,000 miles at this time.
Dr. Sandifer informed the Board that he will be making a presentation before
the Ways and Means Subcommittee on Wednesday, January 21, at 9:30 a.m.
Each agency is asked to attend and answer a series of questions related to
their budget request.
Dr. Sandifer announced that DNR staff will meet with shrimp growers on
Monday afternoon to discuss how we might work with them to secure needed
seed stock while still providing full and adequate protection for wild stocks.
Dr. Sandifer attended an EPA sponsored workshop in Washington DC, to
assess the level of risks to wild stocks associated with shrimp stocks. A
second workshop tentatively scheduled for this summer should provide us
guidance on how to manage these risks.
Dr. Sandifer discussed the DNR non law enforcement uniform contract. The
current contract that consists of uniform items that are the same as the
Bureau of Land Management is being discontinued. The Department will now
use items from the US Forest Service contract. This discussion was based
on the strong recommendations of our interdivisional staff committee.
The new Director of Internal Audits, Bethany Allen Narboni, will be starting
work on Monday, January 19. Dr. Sandifer reviewed Ms. Narboni's
credentials, she is a certified public accountant, a certified internal auditor and
a certified information systems auditor.
Dr. Sandifer will speak to the House Agriculture, Natural Resources and
Environmental Affairs Committee on Tuesday, January 20.
The Governor's State of the State address will be Wednesday, January 21.
The Department has submitted information to the Governor's Office for his
consideration and use.
Dr. Sandifer presented a draft version of the Senate legislation concerning the naming of the Jocassee Gorges property for Jim Timmerman.
At this time, Mr. Burnside made a motion that the Board hold an Executive Session to
discuss legal, contractual and personnel matters. Mrs. Waring seconded the motion.
Motion carried unanimously.
RETURN TO REGULAR SESSION
Following the Executive Session, the regular meeting was resumed and participants were invited
into the meeting.
Chairman Graham called the meeting back to order.
Following the Executive Session it was announced that there were no issues for Board action.
X. Time and Location of the Next Meeting
Chairman Graham stated that the next meeting of the DNR Board will be held on
Thursday, February 12, 1998, at 2:00 p.m., at the Charleston Maritime Center.
There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.