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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 57FISHERIES
SUBCHAPTER KSCIENTIFIC AREAS
RULE §57.910San Marcos River State Scientific Area
Texas Register

(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.


Source Note: The provisions of this §57.910 adopted to be effective July 8, 2012, 37 TexReg 5133

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