Minutes
Board of the Department of Natural Resources

Rembert C. Dennis Building, Room 335
Columbia, SC
November 20, 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 Thursday, November 20, 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, Frank Murray, Norman Pulliam and Caroline Rhodes. Director 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 Rev. Eric Skidmore to offer the invocation.
  3. Pledge of Allegiance
    Vice Chairman Campbell led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow, Chief of Staff, introduced Pat Robertson, The State; Scott Whitaker, Executive Director of CCA; Tom and Sally Murphy; Bill Cooper; and Shelagh North-Coombes.
  5. Constituent Comments
    Mr. Winslow informed the Board that Ms. North-Coombes wished to make comments. Ms. North-Coombes’ comments were directed toward the removal of shells and driftwood at Botany Bay Plantation.
  6. Presentations/Commendations
    Mr. Frampton gave the Board an update on Marine Resources Division employee Chris McDonough’s recent accident that cost him his right pinky finger. Robert Boyles informed the Board that Chris is back to work and in good spirits.

    Mr. Frampton commended Monica Linnenbrink, Marketing Director, and DNR staff involved in the Open House at Palmetto Middle School in Williston. This is the first Natural Resource School in South Carolina, held through partnership between DNR and the Department of Education.

    Mr. Frampton informed the Board that Tom Murphy is retiring after 33 years of service. Mr. Frampton asked Mr. Murphy to give the Board a brief history of his work during his time of service. Chairman McShane then presented Mr. Murphy with the Meritorious Service Award and thanked him, on behalf of the Board, for his service to the Department.
  7. Advisory Committee Report
    Heritage Trust
    Barry Beasley, Director, Habitat Protection Program, reported that the Heritage Trust Advisory Board met on November 5 at Edisto Beach State Park. The Board received presentations on the Forest Management System and the National Estuarine Research Reserve Program. The Board received updates on activities at Poinsett Bridge Heritage Preserve, Region 4 Heritage Preserve management activities and properties that have been purchased with Heritage Land Trust Funds being designated as Heritage Preserves. The Board reviewed the updated Lighthouse Inlet Management Plan and the budget.
  8. Approval of Minutes
    Chairman McShane asked if there were any amendments, additions, deletions or corrections to the minutes of the October 16, 2008, meeting. There being no amendments, deletions, or corrections, Mr. Pulliam made a motion that the Board approve the minutes of the October 16, 2008, meeting as presented. Mr. Davis seconded the motion and the motion carried unanimously.
  9. Advisory Committee Reports
    1. Marine
      Johnny Evans reported that the Marine Advisory Committee met November 13 in Charleston. The Advisory Committee received a presentation on the Snapper/Grouper Fishery Management Plan and Amendments 16 and 17. The Advisory Committee received a report on In-Water Sea Turtle Monitoring Program. The Advisory Committee also received a report on the Standardization of Methods to Measure Fish. Staff believes it is time for DNR to move to the squeezed tail measurement method in order to be in line with federal measures.
    2. Waterfowl
      Breck Carmichael, Deputy Director, Wildlife and Freshwater Fisheries, reported that the Waterfowl Advisory Committee met November 11 at Samworth Waterfowl Management Area. The Committee received an overview of Samworth WMA and improvements to the Dirleton House. The Committee received updates on the Santee Cooper Lakes Wood Duck Program, the Draw Hunt Process, Legislative priorities, Youth Hunts and Waterfowl Hunts. The Committee had discussion of forward path for peer reviews. The Committee reviewed some potential NAWCA projects.
    3. Saltwater Recreational Fisheries
      Robert Boyles, Deputy Director, Marine Resources, reported that the Saltwater Recreational Fisheries Advisory Committee met on October 29, in Charleston. The Committee welcomed Mike Abel to the Saltwater Recreational Advisory Committee. The Advisory Committee received a report on Striped Bass Stocking Research in the Ashley River and passed a motion to recommend increased funding to the DNR Board to the striped bass project for 2009-2010. The Advisory Committee received updates on the budget, shark habitat research and the Federal Recreational Registry. The Advisory Committee passed a motion that the Saltwater Recreational Fisheries Advisory Committee endorses the draft Saltwater Registry Shore Based Angler License legislation proposed to the DNR Board for approval.
  10. Items for Board Information
    1. Drought Update
      Mark Malsick, Severe Weather Liaison, reported that nine upstate counties remain in extreme drought. Mr. Malsick reviewed streamflows, lake levels and groundwater monitoring wells around the state. Steve de Kozlowski noted that on November 27, 2008, the Corps of Engineers will reduce Lake Thurmond’s flows from 3,400 to 3,100 cubic feet per second (cfs) through February 2009. Mr. de Kozlowski, Interim Deputy Director, Land, Water and Conservation, also informed the Board that the Drought Response Committee is expected to meet in late January.
    2. Deer/Dog Stakeholders Group Final Report
      Jae Espey, facilitator for the Deer/Dog Stakeholders Group, briefly reviewed the final report and recommendations of the Deer/Dog Stakeholders Group, as included in the Board package. Mr. Espey noted that the group completely agrees on the following areas:
      • A special license should be required for dog deer hunting.
      • The owner of a dog used in deer hunting should be identified on the dog.
      • The DNR should thoroughly investigate for validity any complaints from adjacent property owners regarding hunting deer with dogs in violation of regulations.
      • Penalties should exist for killing or harming an identifiable dog.
      • Penalties should exist for stealing, removing or destroying any means of identification or tracking device from any dog equipped with such device.
      The Board staff to prepare draft legislation for consideration at the December 11 Board meeting.
    3. Directive D501- Printed, Promotional and Outreach Materials
      Terri McGee, Human Resources Director, reviewed the updated Directive D501, as included in the Board package. The Board noted that they have been informed and accept this updated directive.
    4. County Game and Fish and Water Recreation Funds
      Carole Collins, Deputy Director, Outreach and Support Services, distributed and reviewed a white sheet on County Game and Fish and Water Recreation Funds. The Board has requested to be notified of county delegation meetings. Ms. Collins and staff will develop a PowerPoint and bullet handout detailing the history/parameters of the County Game and Fish and Water Recreation Funds.
    5. Local Ordinances Interfacing with State Law
      Buford Mabry, Chief Counsel, informed the Board that it is unlawful to abandon a boat or motor on public waters or private lands. Mr. Mabry stated that municipalities cannot pass a local ordinance that is deemed unconstitutional or against state law, but they can, in fact, pass a more restrictive ordinance if the State has not preempted the field.
  11. Items for Board Action
    1. Governor’s Cup Billfishing Series 2006 and 2007 Annual Reports
      Mr. Pulliam made a motion that the Board accept the 2006 and 2007 Governor’s Cup Billfishing Series Annual Reports as presented. Mr. Evans seconded the motion and the motion carried unanimously.
    2. 2009 Legislative Package
      Derrick Meggie, Director, Legislative Services, reported that the following proposed legislation is ready to proceed: Saltwater Registry Shore Based Angler License, Shark Bill, Turkey Baiting Exemption/Normal Agricultural Practices and Bird Nest legislation. The language is being finalized in the following proposed legislation: WMA and Heritage Trust Lands Protection Act, Bear Bill and Landscape Architects and Soil Classifiers Transfer to LLR. The following proposed legislation has language pending: Dog/Deer Hunting Act of 2009, Chapter 9 Point of Sale Changes, Game and Fish Point System Rewrite, and Chapter 13 Fisheries Rewrite. The following proposed legislation is under review: Road Safety and Blue Crab, and the following proposed legislation is pending budget considerations: Natural Resource License Plate Series/Endangered Species and Hatchery Permit.
  12. Director’s Briefing
    Mr. Frampton gave the Board an update on the budget.

    Mr. Frampton distributed copies of the January/February 2009 Directions column.

    Mr. Frampton represented DNR and gave remarks at a reception honoring Senator Greg Gregory on the evening of November 3 at USC-Lancaster.

    Mr. Frampton met with staff of Duke Energy for a discussion of FERC and other issues.

    Mr. Frampton will attend a National Rifle Association meeting in Washington, DC in December to discuss Right to Hunt.
  13. Deputy Directors Reports
    1. Marine Resources
      Mr. Boyles reported on pending comments on the EIS to introduce Asian oysters in the Chesapeake Bay. Mr. Boyles reviewed the Saltwater Recreational Fishing License Projects and the need to shift some of the revenue to help offset budget cuts.
    2. Land, Water and Conservation
      Mr. de Kozlowski attended a meeting with DHEC and USGS staff to renew a commitment to a Coordinated Statewide Water Monitoring Network and Database among the agencies. Mr. de Kozlowski informed the Board that the Governor’s Savannah River Committee will meet December 1, 2008, in Augusta, GA.
    3. Wildlife and Freshwater Fisheries
      Mr. Carmichael distributed and reviewed the annual Turkey Harvest and Summer Turkey Brood Survey. Mr. Carmichael informed the Board of the Saluda River trout stocking on November 19.
    4. Law Enforcement
      Col. Alvin Taylor, Deputy Director, Law Enforcement, reported that 500 boxes were delivered yesterday for Operation Christmas Child.
    5. Outreach and Support Services
      Ms. Collins gave the Board an update on SCEIS and noted that the Economic Impact Study will be ready for the January meeting.
  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. Campbell seconded the motion and the motion carried unanimously.
  15. Return to Regular Session
    Mr. Davis made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mr. Evans seconded the motion and the motion carried unanimously.

    Mr. Davis made a motion to accept the following conservation district commissioner reappointments as recommended by the Land, Water and Conservation Advisory Committee: Stanley Keaton, Abbeville; Diane Bosier, Allendale; Landis Heirs, Bamberg; Dwight Johnson, Chesterfield; Vickey Howell, Clarendon; Tolman Salisbury, Dorchester; Claire Bradbery, Greenville; Calvin Robertson, Laurens; Don Grant, Lee; Larry Nates, Lexington; and Bobby Edmonds, McCromick. Mrs. Rhodes 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: Keith Allen, Dillon; and Roddey Gettys, Pickens. Mr. Campbell seconded the motion and the motion carried unanimously.
  16. Time and Location of the Next Two Meetings
    The December Board meeting will be held Thursday, December 11, 2008, in Columbia.

    The January Board meeting will be held Thursday, January 15, 2009, in Myrtle Beach.

    The February Board meeting will be held Friday, February 13, 2009, in Charleston.
  17. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.