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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 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.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed with the Office
of the Secretary of State on June 18, 2012
TRD-201203215 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: July 8, 2012
Proposal publication date: February 17, 2012
For further information, please call: (512) 389-4775
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