Minutes
Board of the Department of Natural Resources

Rembert C. Dennis Building, Room 335
1000 Assembly Street
Columbia, SC
July 16, 2008 10:00 a.m.

The regular meeting of the Board of the South Carolina Department of Natural Resources was held at 10:00 a.m. on Wednesday, July 16, 2008, in Room 335 of the Rembert C. Dennis Building, 1000 Assembly Street, Columbia, SC. Notice of the date, time, and place of the meeting was posted and mailed to the news media. Chairman Mike McShane presided at the meeting. Board members present included Michael Campbell, Stephen Davis, John Evans, and Norman Pulliam. Board members Frank Murray and Caroline Rhodes’ absences were excused. Mr. John Frampton and staff members of the Department of Natural Resources were present at the meeting, as were various guests.

  1. Call to Order
    Chairman McShane called the meeting to order at 10:00 a.m. and welcomed everyone to the meeting.
  2. Invocation
    Chairman McShane asked Region 3 Volunteer Chaplain David Smith to offer the invocation.
  3. Pledge of Allegiance
    Buford Mabry led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow introduced Senator Ron Cromer; Justin Evans, Governor’s Office; Kenneth Mullis, Richland Conservation District Commissioner; and Jae Espey, Facilitator for the Deer/Dog Stakeholders Group.
  5. Constituent Comments
    Marvin Davant, Executive Director, South Carolina Conservation Bank, expressed his thanks to the Board and the Department for their help and support with the 2009 budget request.
  6. Approval of Minutes
    Chairman McShane asked if there were any amendments, additions, deletions, or corrections to the minutes of the June 19, 2008, meeting. There being no amendments, deletions, or corrections, Mr. Evans made a motion that the Board approve the minutes of the June 19, 2008, meeting as presented. Mr. Davis seconded the motion and the motion carried unanimously.

    Chairman McShane asked if there were any amendments, additions, deletions, or corrections to the minutes of the July 1, 2008, meeting. There being no amendments, deletions, or corrections, Mr. Pulliam made a motion that the Board approve the minutes of the July 1, 2008, meeting as presented. Mr. Evans seconded the motion and the motion carried unanimously.
  7. Presentations/Commendations
    Chairman McShane and Mr. Frampton presented a “Making a Difference, Naturally” certificate to Lt. Jim Wagers for the success of the Wendy’s Frosty citation, distributed to youths who wear their life jacket.
  8. Item for Board Information
    Jae Espey gave the Board a brief update on the Deer/Dog Stakeholders Group. Mr. Espey noted that the members of the group are appointed by legislators, DNR and other conservation groups. Mr. Espey informed the Board of steps the group has taken in each of their meetings. The group will meet again in August. The Board asked Mr. Espey to provide another update at the Board meeting scheduled for August 14.
  9. Advisory Committee Reports
    1. Wildlife and Freshwater Fisheries
      Breck Carmichael reported that the Wildlife and Freshwater Fisheries Advisory Committee met July 8, 2008. The Advisory Committee received updates on the alligator program, the robust redhorse conservation program, black bear population status, marketing, shad and river herring, dog/deer stakeholder group, and the legislative session.
    2. Land, Water and Conservation
      Steve de Kozlowski reported that the Land, Water and Conservation Advisory Committee met July 7, 2008. The Advisory Committee recognized Erin Hudson, 2007 Division Employee of the Year, and Ann Nolte, for her years of service. The Advisory Committee received updates on archaeological projects, the drought, and the Joint Savannah River Committee. The Advisory Committee also took action on conservation district commissioner appointments and reappointments.
  10. Items for Board Information
    1. Drought Update
      Hope Mizzell reported that the State Drought Committee met June 30, 2008. Ms. Mizzell reported that five upstate counties were upgraded to Extreme Drought. The next meeting of the State Drought Committee will be August 5, 2008. Ms. Mizzell reviewed streamflows, lake levels, and groundwater monitoring wells around the state.
    2. Cobia- Ecology and Law Enforcement Issues
      Mel Bell reviewed the life history, biology, and current management and regulations of Cobia. Mr. Bell also reviewed landing and public interest in the South Carolina Cobia fishery. Col. Taylor reviewed with the Board Law Enforcement’s efforts and activities concerning this fishery.
    3. TMDL (Impoundments)
      Bob Perry informed the Board that on June 12, 2008, DHEC released a Notice of Proposed Decision for a Total Maximum Daily Load regarding Shellfish Area 06B which covers the mainland portion and Murphy Island of Santee Coastal Reserve and upper portion of intertidal wetlands of Cape Romain National Wildlife Refuge. The TMDL-NOPD addresses high levels of fecal coliform bacteria documented during sampling. Staff disagree with the methodology, findings and conclusions of the NOPD and will provide DHEC a response stating their objections.
  11. Items for Board Action
    1. 2008-2009 Early Migratory Bird Season Recommendations
      Breck Carmichael reviewed the 2008-2009 Early Migratory Bird Season Recommendations as included in the Board meeting package. Mr. Davis made a motion that the 2008-2009 Early Migratory Bird Season Recommendations be approved as presented. Mr. Evans seconded the motion and the motion carried unanimously.
    2. Francis Marion National Forest Emergency Deer Regulations
      Mr. Carmichael reviewed the Francis Marion National Forest Emergency Deer Regulations as included in the Board meeting package. Mr. Campbell made a motion that the Francis Marion National Forest Emergency Deer Regulations be approved as presented. Mr. Pulliam seconded the motion and the motion carried unanimously.
    3. Proposed WMA Regulations
      Mr. Carmichael reviewed the proposed WMA Regulations as included in the Board meeting package. Mr. Evans made a motion that the proposed WMA Regulations be approved as presented. Mr. Campbell seconded the motion and the motion carried unanimously.
    4. Fish Kill Report – Gum Branch, Dorchester County
      Ross Self reviewed the Gum Branch Fish Kill Report as included in the Board meeting package. Mr. Pulliam made a motion that the Gum Branch Fish Kill Report be approved as presented. Mr. Campbell seconded the motion and the motion carried unanimously.
    5. Recreational Registry
      Robert Boyles reviewed the letter concerning the Recreational Registry as included in the Board meeting package. Mr. Evans made a motion that the content of the letter be approved, being sent from the Director with a copy to the Board. Mr. Campbell seconded the motion and the motion carried unanimously.
  12. Director’s Briefing
    Mr. Frampton reported that the Department is holding 5% of its funds in anticipation of a mid-year budget cut.

    Mr. Frampton will attend the Governor’s Cup Bohicket Marina Billfish Tournament events on the evening of July 26 in Charleston.
  13. Deputy Directors Reports
    1. Outreach and Support Services
      Carole Collins reported on the license sales and boating transactions. Ms. Collins also gave the Board and update on the SCEIS project.
    2. Marine Resources
      Mr. Boyles informed the Board of a vibrio parahaemolyticus risk management plan being developed by the USFDA and potential changes in shellfish management.

      Mr. Boyles also reported on pending changes in the interstate fishery management plan for sharks and a potential need for legislation for Atlantic sharpnose sharks.
    3. Land, Water and Conservation
      Nothing further to report.
    4. Wildlife and Freshwater Fisheries
      Mr. Carmichael gave the Board updates on the alligator hunting season and the Red-cockaded Woodpecker Safe Harbor Program.
    5. Law Enforcement
      Col. Alvin Taylor gave the report an update on the July 4th activities of the Law Enforcement Division
  14. Executive Session
    At this time Mr. Davis made a motion that the Board hold an Executive Session to discuss contractual, legal, and personnel matters. Mr. Pulliam seconded the motion and the motion carried unanimously.
  15. Return to Regular Session
    Mr. Campbell made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mr. Davis seconded the motion and the motion carried unanimously.

    Mr. Davis made a motion to accept staff recommendation to provide an easement on Peters Creek Heritage Preserve contingent upon reasonable remediation. Mr. Evans seconded the motion and the motion carried with Mr. Pulliam abstaining.

    Mr. Evans made a motion to evaluate 617 acres in Barnwell County, known as Craigs Pond for purchase not to exceed $150,000. Mr. Campbell seconded the motion and the motion carried unanimously.

    Mr. Pulliam made a motion to purchase 211 acres adjoining Forty Acre Rock Heritage Preserve in Lancaster County, known as the Cloninger Tract. Mr. Evans seconded the motion and the motion carried unanimously.

    Mr. Campbell made a motion to accept the following conservation district commissioner reappointments as recommended by the Land, Water and Conservation Advisory Committee: Thomas W. McElmurray, Aiken; James Riley Hill, Jr., Barnwell; S. Frank Stephens, Jr., Dillon; Malcolm J. O’Neal, Edgefield; Mickey D. Lankford, Jr., Georgetown; English Warren Dixon, Horry; Alexander P. Ramsay, Oconee; William A. Whitfield, Saluda; and James J. Dukes, Jr., Williamsburg. Mr. Evans seconded the motion and the motion carried unanimously.

    Mr. Davis made a motion to accept the following conservation district commissioner new appointments as recommended by the Land, Water and Conservation Advisory Committee: Alton B. Jeffords, Darlington; C. Randell Ewing, Darlington; and Helen M. Dills-Pittman, Jasper. Mr. Pulliam seconded the motion and the motion carried unanimously.

    Mr. Evans made a motion to affirm the vote of the Land, Water and Conservation Advisory Committee not to reappoint Amanda Bauknight to the position of conservation district commissioner. Mr. Davis seconded the motion and the motion carried unanimously.
  16. Time and Location of the Next Two Meetings
    The August Board meeting will be held on Thursday, August 14, 2008, in Columbia.

    The September Board meeting will be held on Friday, September 19, 2008, in Columbia.
  17. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.