Source: United States Department of Justice Criminal Division
A Montana man was sentenced today to six months in prison for committing two felony wildlife crimes — a conspiracy to violate the Lacey Act and substantively violating the Lacey Act — as part of an almost decade-long effort to create giant sheep hybrids in the United States with an aim to sell the species to captive hunting facilities.
Arthur “Jack” Schubarth, 81, of Vaughn, is the owner and operator of Sun River Enterprises LLC, also known as Schubarth Ranch, which is a 215-acre alternative livestock ranch in Vaughn. The Schubarth Ranch is engaged in the purchase, sale and breeding of “alternative livestock” such as mountain sheep, mountain goats and various ungulates. The primary market for Schubarth’s livestock is captive hunting operations, also known as shooting preserves or game ranches.
According to court documents, Schubarth conspired with at least five other individuals between 2013 and 2021 to create a larger hybrid species of sheep that would garner higher prices from shooting preserves. Schubarth brought parts of the largest sheep in the world, Marco Polo argali sheep (Ovis ammon polii), from Kyrgyzstan into the United States without declaring the importation. Average males can weigh more than 300 pounds, with horns that span more than five feet. Marco Polo argali are native to the high elevations of the Pamir region of Central Asia. They are protected internationally by the Convention on International Trade in Endangered Species (CITES) and domestically by the Endangered Species Act, and are prohibited in the State of Montana to protect native sheep from disease and hybridization.
Schubarth sent genetic material from the argali parts to a lab to create cloned embryos. Schubarth then implanted the embryos in ewes on his ranch, resulting in a single, pure genetic male Marco Polo argali that he named “Montana Mountain King” or MMK.
Court documents explain that Schubarth worked with the other unnamed coconspirators to use MMK’s semen to artificially impregnate various other species of ewes — all of which were prohibited in Montana — and create hybrid animals. Their goal was to create a larger and more valuable species of sheep to sell to captive hunting facilities, primarily in Texas.
To move the prohibited sheep into and out of Montana, Schubarth and others forged veterinary inspection certificates, falsely claiming that the sheep were legally permitted species. On occasion, Schubarth sold MMK semen directly to sheep breeders in other states. According to court documents, disease introduction was a risk associated with Schubarth’s conduct and at least two sheep from the scheme died from Johne’s disease. Johne’s disease is a contagious, chronic wasting disease easily spread between animals directly or through environmental contamination.
Court documents also describe how Schubarth illegally obtained genetic material from wild-hunted Rocky Mountain bighorn sheep in Montana. Schubarth purchased parts of these wild-hunted sheep in violation of Montana law, which prohibits the sale of game animal parts within the state and prohibits the use of Montana game animals on alternative livestock ranches. Schubarth transported and sold the bighorn parts in interstate commerce.
“Schubarth not only violated federal and state law and international treaties, but he and others illegally conspired to conceal their actions from authorities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Violations of the Lacey Act, CITES and other laws can be devastating for our domestic populations of wild animals, which is why we are unwavering in our commitment to enforce them.”
“Schubarth’s criminal conduct is not how Montanans treat our wildlife population,” said U.S. Attorney Jesse Laslovich for the District of Montana. “Indeed, his actions threatened Montana’s native wildlife species for no other reason than he and his co-conspirators wanted to make more money. Schubarth’s greed drove their conspiracy to bring to Montana parts of the largest sheep in the world from Kyrgyzstan. Such actions to create hybrid animals are as unnatural as they are illegal, and I applaud the extensive collaboration and diligence of all of our law enforcement partners to bring Schubarth to justice.”
“This case exemplifies the serious threat that wildlife trafficking poses to our native species and ecosystems,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s Office of Law Enforcement. “Mr. Schubarth’s actions not only violated multiple laws designed to protect wildlife, but also risked introducing diseases and compromising the genetic integrity of our wild sheep populations. The U.S. Fish and Wildlife Service remains committed to working with our partners to investigate and prosecute those who exploit protected species for personal gain. This sends a clear message that we will not tolerate the illegal importation, sale and transport of wildlife, especially when it endangers our natural heritage.”
“This case is complex and is a great example of how we work together with the U.S. Fish and Wildlife Service to protect resources no matter where the investigation takes us,” said Chief of Law Enforcement Ron Howell of Montana Fish, Wildlife and Parks.
In addition to his prison sentence, Schubarth was ordered to pay a $20,000 fine to the Lacey Act Reward Fund, a $4,000 payment to the National Fish and Wildlife Foundation and a $200 special assessment.
The Lacey Act prohibits interstate trade in wildlife that has been taken, possessed, transported or sold in violation of federal or state law. The Lacey Act also prohibits the interstate sale of wildlife that has been falsely labeled. The Act is one of the most powerful tools the United States has to combat wildlife trafficking and prevent ecological invasion by injurious wildlife.
The U.S. Fish and Wildlife Service and Montana Department of Fish, Wildlife and Parks are investigating the case.
Trial Attorney Sarah M. Brown and Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Jeffrey Starnes for the District of Montana are prosecuting the case.