Charlie Russell, the renowned Montana artist, once commented, “Civilization is nature’s worst enemy. All wild things vanish when she comes.” In the nineteenth century, an attitude of utilization and exploration of natural resources prevailed in Montana. Economic development and growth took precedence over any environmental considerations. However, the advance of civilization brought a social conscience to Montana. Dedicated individuals realized the necessity for restraint to protect and preserve wildlife populations and to counteract the detrimental effects of excessive hunting, fishing, and unrestrained land use. The introduction of restrictive hunting measures constituted a civilizing element on the frontier and marked the beginning of wildlife conservation in Montana.

Discriminatory and limited access to wildlife populations in Western Europe influenced the fundamental principal of American wildlife law that “wild animals” belong to the people of the states. States (colonies and territories) held ownership rights to regulate the wildlife for the common good. Montana wildlife law followed the lead of other states and has since maintained this American fundamental right of the state and its people to manage wildlife resources. Beginning with the first territorial legislature in 1864, wildlife conservation laws evolved gradually but consistently in Montana.

The first Territorial Legislature passed a law that restricted the taking of trout to the use of a rod or pole with line and hook in all streams of the Territory. The significance of this law is particularly interesting because of the penalty. The fine was $50.00 to $200.00 with the proceeds to be equally divided between the school district where the violation occurred and the informant. The “buying power” of $50.00 at that time equals about $1,000 in 2003. The problem was that with no one to enforce the law it had little effect. But it is interesting to note the mood of the first Territorial Legislature with regards to trying to protect the state’s fast disappearing resources.

The First Montana Legislature in 1889 approved the hiring of Game Wardens. This predates the formation of the Montana Fish & Game Commission in 1895 and the Department of Fish & Game in1901. The first Game Wardens were actually county employees with the state paying ½ of the $100.00 per month salary. The first State Game Warden was hired by the Montana Fish & Game Commission when it was formed in 1895. By 1906, there were 18 Game Wardens in the state, stationed from Libby to Glendive. Wardens patrolled on the trains and horseback, with the Northern Pacific and the Great Northern Railroads granting free passage for wardens – and their horses – while on official business.