AGO Opinion Topics: FISH PASSAGE FACILITIES HIGHWAY CULVERTS

Highway culvert facilities maintained in such a manner as to constitute an obstruction to the passage of migratory fish are unlawful and under the provisions of section 47, chapter 112, Laws of 1949.  Counties and other governmental agencies are obligated to provide the same with fish passage facilities.  Notwithstanding the provisions contained in Amendment 18 of our State Constitution, gas tax funds may be used for this purpose.