(a) Purpose. The San Marcos River State Scientific
Area is established for the purpose of education, scientific research,
and preservation of flora and fauna of scientific or educational value,
specifically, the preservation of Texas wild-rice (Zizania texana).
(b) Boundaries. The San Marcos River State Scientific
Area consists of the public waters of the San Marcos River from midstream
to the boundary of public waters in the area within the following
boundaries:
(1) 29 53 26.04 Lat N, 97 55 55.29 Long W (northeast
boundary near Spring Lake Dam);
(2) 29 53 22.71 Lat N, 97 56 19.01 Long W (southeast
boundary near the San Marcos Water Treatment Plant);
(3) 29 51 52.63 Lat N, 97 55 56.07 Long W (southwest
boundary near the San Marcos Water Treatment Plant); and
(4) 29 51 53.92 Lat N, 97 55 31.94 Long W (northwest
boundary near Spring Lake Dam).
(c) Restricted Areas. When the streamflow of the San
Marcos River is measured at 120 cubic feet per second or less at the
San Marcos River gaging station (United States Geological Survey gage
081705000 San Marcos River at San Marcos), the department may restrict
areas within the boundaries described by subsection (b) of this section
by means of clearly marked booms, buoys, and/or signage to reflect
the fact that the area is restricted to unauthorized entry.
(d) Prohibited Acts. It is an offense for any person
to:
(1) move, remove, deface, alter, or destroy any sign,
buoy, boom, or other such marking delineating the boundaries of the
San Marcos River State Scientific Area or a restricted area within
the boundaries described by subsection (b) of this section;
(2) uproot Texas wild-rice within the San Marcos River
State Scientific Area; or
(3) enter an area that is marked by signage, booms,
buoys, or other apparatus clearly identifying the area as a restricted
area, except as may be expressly authorized by the department or the
U.S. Fish and Wildlife Service.
(e) Penalties. The penalty for violation of this section
is prescribed by Parks and Wildlife Code, §13.112.
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