Minutes
Board of the Department of Natural Resources
Rembert C. Dennis Building, Room 335
1000 Assembly Street,
Columbia, SC
September 16, 2010, 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, September 16, 2010, in room 335 of the Rembert C. Dennis Building, 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.

  1. Call to Order
    Chairman Mike 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, SC Law Enforcement Assistance Program, to offer the invocation.
  3. Pledge of Allegiance
    Vice Chairman Michael Campbell led the group in the Pledge of Allegiance.
  4. Introduction of Guests
    Don Winslow, Chief of Staff, introduced Mrs. Marjorie (Grady) Patterson; Grady Patterson III; Margaret Pope; Gary Pope; Douglas Ford, Research Director, Senate Fish, Game and Forestry; and Scott Whitaker, Executive Director, CCA.
  5. Approval of Minutes
    Chairman McShane asked if there were any amendments, additions, deletions or corrections to the August 12, 2010, meeting minutes. Mr. Pulliam made a motion that the Board approve the minutes of the August 12, 2010, meeting as submitted. Mr. Evans seconded the motion and the motion carried unanimously.
  6. Presentations/Commendations
    Vice Chairman Campbell read and presented the following Resolution to Mrs. Patterson and her son.

    RESOLUTION
    HONORING THE LATE GRADY L. PATTERSON, JR.
    South Carolina Department of Natural Resources Board

    Whereas, the late Grady L. Patterson, Jr. was a distinguished public servant of the people of the State of South Carolina for his entire adult life, having defended the freedoms of the people of his state and country by joining the Army Air Force in 1942 and serving with distinction as a fighter pilot in World War II, and continuing that service in the S.C. Air National Guard and was placed on active duty in the Korean War and the Berlin Conflict, retiring as a Lieutenant General; and

    Whereas, among his many accomplishments, Grady L. Patterson, Jr. served South Carolina for thirty years as its State Treasurer, which was the longest serving State Treasurer in the country, scrupulously protecting the State's AAA bond rating and continually seeking ways to serve the financial needs of the State and its people, while maintaining fiscal responsibility at the State level, not only through the Office of the State Treasurer, but through his long service as a member on the State Budget and Control Board; and

    Whereas, the Department of Natural Resources wishes to honor the late Grady L. Patterson, Jr. who departed this life on December 7, 2009, at the age of 85, for his special contributions to the Heritage Land Trust Program administered by the members of the Board of this Department, who serve as its Trustees; and

    Whereas, through Mr. Patterson’s leadership, the General Assembly adopted 2006 Act No. 251, which authorized the Department to issue special source revenue bonds to acquire lands which needed to be preserved for future generations, and he crafted a revenue source for the repayment of these bonds by having the General Assembly authorize the pledging of the portion of deed recording fees previously set aside for the Heritage Land Trust as the source of funding for this program; and

    Whereas, the first revenue bonds were issued in 2006, and through his efforts and active support in 2006, the Heritage Land Trust Program was able to use these bond funds to acquire by purchase, along with The Nature Conservancy and The Conservation Fund, the unique 25,688 acre Woodbury tract along the Pee Dee River in Marion County and the 13,281 acre Hamilton Ridge tract in Hampton County.

    NOW THEREFORE, BE IT RESOLVED, that the Board of the South Carolina Department of Natural Resources on this 28th day of January 2010, wishes to express its appreciation for the life and service of former State Treasurer Grady L. Patterson, Jr. and for his contributions to the preservation of the natural habitats in South Carolina for future generations of South Carolinians.

    Chairman McShane presented the Board's Meritorious Service Award to Col. Alvin Taylor in recognition of his legislative leadership.

    Chairman McShane presented the Board's Meritorious Service Award to Philip Jones in recognition of his years of service as a photographer for DNR.

    Chairman McShane commended Mr. Frampton on his induction into Ducks Unlimited Canada's North American Waterfowl Conservation Honour Roll in honor of his many years of dedication to the conservation of waterfowl and wetlands in South Carolina. A plaque in his honor was unveiled at DU Canada's headquarters in Winnipeg.

    Mr. Frampton commended Col. Alvin Taylor and officers involved in security details at the 64th Annual Meeting of the Southern Legislative Conference in Charleston.

    Mr. Frampton commended Marine Division's Dr. Marcel Reichert and MARMAP team for efforts in supporting the Joint MARMAP/NMFS Southeast Fisheries Science Center fishery-independent sampling efforts initiated earlier this year.

    Mr. Frampton commended Mark Hall, Tom Swayngham and staff for efforts in coordination of the Jim Timmerman monument unveiling ceremony on September 13 at Jumping Off Rock attended by Representative Davey Hiott, members of the Timmerman family and friends.
  7. Advisory Committee Reports
    1. Land, Water and Conservation
      Ken Rentiers, Deputy Director for Land, Water and Conservation, reported that the Land, Water and Conservation Advisory Committee met August 19, in Columbia. Mr. Rentiers stated that the Advisory Committee received updates on climate, aquatic plant control and activities of Geological Survey. The Advisory Committee also approved Conservation District Commissioner Appointments/Reappointments.
    2. Governor's Cup Billfishing Series
      David Whitaker, Assistant Deputy Director for Marine Resources, reported that the Governor's Cup Billfishing Series Advisory Committee met August 26. The Advisory Committee welcomed new member Greg Smith. The Advisory Committee approved the 2011 tournament schedule; the 2010 final standings; that the tournaments be held to five per year; to maintain the Chairman and Vice Chairman through next year. Mr. Whitaker also reminded the Board that the awards banquet will be held on September 26 at the Governor's Mansion in Columbia.
    3. Marine
      John Evans reported that the Marine Advisory Committee met September 3. The Advisory Committee received presentations on understanding low dissolved oxygen levels off the coast; the shore-based angler survey conducted by Responsive Management. The Advisory Committee passed a motion to approve the limited entry for crab legislation.
    4. Law Enforcement
      Mike Campbell reported that the Law Enforcement Advisory Committee met on September 14. The Advisory Committee received updates on legislation, boating, Region 4 activities and Joint Enforcement Agreement activities.
  8. Items for Board Information
    1. Climate Update
      Hope Mizzell reviewed rainfall totals, precipitation percentiles, streamflows, lake levels and ground-water monitoring wells around the state.
    2. Draft Comprehensive Deer Management Legislative Proposal
      Breck Carmichael, Deputy Director for Wildlife and Freshwater Fisheries, distributed and reviewed the proposed options for deer management legislation. The Board reviewed and discussed each item, suggesting changes to two items.

      Options for Deer Management Legislation
      Sept 2010
      1. Recommend that all harvested deer must be tagged with a valid deer tag issued by the Department before being moved from the point of kill. Tags must be affixed to the deer and validated as prescribed by the Department.
      2. Recommend the elimination of either sex days. However, everyday after September 15 will be an either sex day as long as the hunter has antlerless deer tags remaining.
      3. Recommend establishing a bag limit on antlered deer.

        Option 1 (staff preference) – three (3) antlered deer statewide

        Option 2 – three (3) antlered deer in Game Zones 1 and 2, five (5) antlered deer in Game Zones 3 through 6

        Option 3 – five (5) antlered deer statewide
      4. Recommend eliminating the Resident Big Game Permit.
      5. Resident hunters:

        Option 1 - Issue resident hunters 3 antlered and 3 antlerless deer tags at a cost of $20. The number of antlerless tags issued per hunter would be adjusted annually to meet management goals, therefore, 3 antlerless tags during year one would set a baseline from which to monitor harvest trends.

        Option 2 - Issue resident hunters 3 antlered tags and 1 antlerless deer tag at a cost of $15. Additional antlerless deer tags would be available at a cost of $5 each, with the maximum number available per hunter to be determined by annual harvest trends and future management goals.

        Option 3 – Allow resident hunters to purchase up to 3 antlered tags at a cost of $5 each, and antlerless deer tags at a cost of $5 each with the maximum number available per hunter determined by annual harvest trends and future management goals.
      6. Nonresident hunters: Continue to purchase Nonresident Big Game Permit ($100). Issue nonresident hunters 1 antlered and 1 antlerless deer tag at a cost of $100. Nonresidents may purchase additional sets of tags (up to 2 more sets) at $100 per set, not exceeding the number of tags that residents are afforded.
      7. Recommend continuing the Antlerless Deer Quota Program (ADQP), increasing the application fee to $200. Increasing the fee will likely reduce participation in the program because hunters on all properties will have antlerless tags issued with their license. However, the program will continue to afford larger properties the management flexibility for which it was designed.
      The Board supports option 1 of recommendation 3 – recommend establishing a three buck limit statewide.

      The Board supports option 1 of recommendation 5 – with the inclusion of eliminating the Resident Big Game Permit contingent on changing the cost for deer tags from $20 to $30.

      Resident hunters: Issue resident hunters 3 antlered and 3 antlerless deer tags at a cost of $20 $30. The number of antlerless tags issued per hunter would be adjusted annually to meet management goals, therefore, 3 antlerless tags during year one would set a baseline from which to monitor harvest trends.
    3. 2011 Legislative Proposal
      Derrick Meggie, Director of Legislative Services, distributed and reviewed DNR potential 2011 legislation. Chairman McShane asked Buford Mabry, Chief Counsel, to brief the Board on the Chapter 13 Fisheries re-write legislation. Chairman McShane asked Mr. Frampton to briefly describe each of the possible revenue enhancements that will require legislation.
  9. Director’s Briefings
    Mr. Frampton distributed the following Resolution honoring Jimmy Chandler, which Chairman McShane has approved. Chairman McShane asked that Bob Perry, Director of Environmental Programs, present this Resolution to Mr. Chandler’s family at an event scheduled for October 23.

    RESOLUTION
    HONORING THE LATE JAMES STUART CHANDLER, JR.
    South Carolina Department of Natural Resources Board

    WHEREAS, the late James Stuart (Jimmy) Chandler, Jr. was a distinguished attorney and leading advocate for the protection of South Carolina’s natural resources, who fearlessly argued in the South Carolina courts, federal courts and also in the Supreme Court of the United States to protect Palmetto State freshwater wetlands, tidal marshes, beaches, rivers, lakes, and other natural environments and habitats; and

    WHEREAS, Jimmy Chandler founded the South Carolina Environmental Law Project in 1987 to provide pro bono legal assistance to non-governmental environmental organizations, citizens’ associations and others; and

    WHEREAS, Jimmy Chandler selflessly eschewed the opportunity for significant financial gain as a corporate attorney to serve as a citizens’ advocate and blaze the trail for environmental law in South Carolina while maintaining himself in integrity to be the highest example role model for young barristers and environmental advocates and establishing the South Carolina Environmental Law Project as a leading environmental defense organization; and

    WHEREAS, among his many accomplishments, Jimmy Chandler provided legal counsel to the environmental community for the past twenty-three years and for decades was the lone face of South Carolina lawyers representing citizens and conservation groups in environmental cases; and

    WHEREAS, Jimmy Chandler independently brought environmental issues to the forefront with groundbreaking legal work that protected salt and freshwater marshes from harmful dredging projects, wetlands of all types from unnecessary bridges, environmental justice communities from toxic waste sites and rural communities from mega-garbage facilities; and

    WHEREAS, the South Carolina Department of Natural Resources and its Board wishes to honor the late James Stuart Chandler, Jr., who departed this life on August 7, 2010 at the age of 60, for his special contributions to the environmental community and a lifetime of commitment to the protection of natural resources; and

    NOW THEREFORE, BE IT RESOLVED, that the Board of the South Carolina Department of Natural Resources on this 16th day of September 2010, wishes to express its appreciation for the life and service of the late James Stuart Chandler, Jr. and for his contributions to the preservation of the natural habitats in South Carolina for future generations of South Carolinians.
  10. Environmental Report
    Bob Perry on September a comprehensive response to the National Marine Fisheries Service draft biological opinion for the Santee Cooper Hydroelectric Project was submitted to FERC. Mr. Perry also distributed and reviewed a document entitled Environmental Review Protocol on Lands and Waters Titled to and/or Managed by SCDNR.
  11. Deputy Directors’ Reports
    1. Law Enforcement
      Nothing further to report.
    2. Outreach and Support Services
      Nothing further to report.
    3. Marine Resources
      Mr. Whitaker informed the Board that shellfish season will open on October 1. Mr. Whitaker noted that there is a decline in shrimp baiting licenses sold this year as compared to last year.
    4. Land, Water and Conservation
      Nothing further to report.
    5. Wildlife and Freshwater Fisheries
      Nothing further to report.
  12. Executive Session
    At this time, Mr. Davis made a motion for the Board to hold an Executive Session to discuss personnel matters. Mr. Pulliam seconded the motion and the motion carried unanimously.
  13. Return to Regular Session
    Mrs. Rhodes made a motion that the Board return to regular session and noted that no actions were taken in Executive Session. Mr. Campbell seconded the motion and the motion carried unanimously.

    Mr. Murray made a motion that the Board approve the following Conservation District Commissioner Appointments/Reappointments as recommended by the Land, Water and Conservation Advisory Committee.

    Reappointments:
    Fred L. Raines, Abbeville; William D. Harrington, Clarendon; Neal Rogers, Dillon; Douglas A. Reeves, Dorchester; Joe A Derrick, Edgefield; Benjamin W. Hardee, Horry; William M. Ardrey, Lancaster; F. Michael Seymour, Laurens; John A. Wiggins, Marion; Jack A. Turner, Spartanburg; and Jayne Carsten, Williamsburg

    Appointment:
    Brent Weaver, Lexington
  14. Time and Location of the Next Meetings
    The October Board meeting will be held Thursday, October 21, 2010, in Charleston.

    The November Board meeting will be held Thursday, November 18, 2010, in Columbia.
  15. Adjournment
    There being no further business to be brought before the DNR Board at this time, the meeting was adjourned.