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(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 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 at the San Marcos
River gaging station (United States Geological Survey gage 081705000
San Marcos River at San Marcos), the department may restrict areas
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 area;
(2)uproot Texas wild-rice within the San Marcos 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 permitted 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.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on February 6, 2012
TRD-201200593 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: March 18, 2012
For further information, please call: (512) 389-4775
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