Office of Public Affairs | Montana man convicted on federal charges of illegal wildlife trafficking in a years-long effort to breed giant hybrid sheep for captive hunting

A Montana man was sentenced today to six months in prison for committing two wildlife crimes – conspiracy to violate the Lacey Act and material violation of the Lacey Act – as part of a nearly decade-long effort to plant giant sheep hybrids in the United States with the aim of selling the species to captive hunting establishments.

Arthur “Jack” Schubarth, 81, of Vaughn, is the owner and operator of Sun River Enterprises LLC, also known as Schubarth Ranch, 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 hunting preserves or game farms.

According to court documents, between 2013 and 2021, Schubarth conspired with at least five other people to create a larger hybrid variety of sheep that would fetch higher prices from shooting pens. Schubarth brought parts of the largest sheep in the world, Marco Polo Argali sheep (Ovis ammon polii), from Kyrgyzstan to the United States without declaring importation. Average males can weigh more than 300 pounds and their horns are more than 5 feet long. Marco Polo Argali are native to the high altitudes of the Pamir region of Central Asia. They are protected internationally by the Convention on International Trade in Endangered Species (CITES), domestically by the Endangered Species Act, and banned in the state of Montana to protect native sheep from disease and hybridization.

Schubarth sent genetic material from the Argali parts to a laboratory to create cloned embryos. Schubarth then implanted the embryos into ewes on his ranch, resulting in a single, purely genetic male Marco Polo Argali, which he named the “Montana Mountain King” or MMK.

Court documents explain that Schubarth worked with the other unnamed co-conspirators to use MMK's sperm to artificially impregnate various other types of ewes – all of which were banned in Montana – and to create hybrid animals. Their goal was to create a larger and more valuable species of sheep to sell to captive hunting establishments, primarily in Texas.

To transport the banned sheep to and from Montana, Schubarth and others forged veterinary inspection certificates and falsely claimed that the sheep were legally approved species. Occasionally, Schubarth sold MMK semen directly to sheep farmers in other states. According to court documents, disease introduction was a risk associated with Schubarth's behavior, and at least two sheep in the program died from Johne's disease. Johne's disease is a contagious, chronic, wasting disease that is easily transmitted between animals directly or through environmental pollution.

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, violating Montana law that prohibits the sale of wildlife parts within the state and the use of Montana wildlife on alternative livestock farms. Schubarth transported and sold the Bighorn parts in interstate commerce.

“Schubarth not only violated federal and state laws and international treaties, but he and others also unlawfully conspired to conceal their actions from authorities,” said Assistant Attorney General Todd Kim of the Department of Environment and Natural Resources Ministry of Justice. “Violations of the Lacey Act, CITES and other laws can have devastating consequences for our native wildlife populations, which is why we work tirelessly to enforce them.”

“Schubarth’s criminal conduct is inconsistent with the way Montanans treat our wildlife population,” said U.S. Attorney for the District of Montana Jesse Laslovich. “In fact, his actions threatened Montana’s native wildlife species for no other reason than that he and his co-conspirators wanted to make more money. Schubarth's greed fueled her plot to bring parts of the world's largest sheep from Kyrgyzstan to Montana. Such actions to create hybrid animals are as unnatural as they are illegal, and I welcome the full cooperation and diligence of all of our law enforcement partners to bring Schubarth to justice.”

“This case illustrates the serious threat that wildlife trafficking poses to our native species and ecosystems,” said Edward Grace, deputy director of the U.S. Fish and Wildlife Service’s Office of Law Enforcement. “Mr. Schubarth's actions not only violated numerous wildlife protection laws, but also risked introducing disease and jeopardizing the genetic integrity of our wild sheep populations. The U.S. Fish and Wildlife Service remains committed to working with our partners to “To investigate and prosecute those who exploit protected species for personal gain. This sends a clear message that we will not tolerate the illegal import, sale and transport of wildlife, particularly when it puts our natural heritage at risk.”

“This case is complex and a great example of how we work with the U.S. Fish and Wildlife Service to protect resources no matter where the investigation takes us,” said Ron Howell, chief of law enforcement for 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 commerce in wildlife captured, possessed, transported, or sold in violation of federal or state law. The Lacey Act also prohibits the interstate sale of wild animals that have been mislabeled. The law is one of the most effective tools the United States has to combat the illegal wildlife trade and prevent harmful wildlife from entering the environment.

The U.S. Fish and Wildlife Service and the 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 Environmental Crimes Section of the Division of Environment and Natural Resources, and Assistant United States Attorney Jeffrey Starnes for the District of Montana are prosecuting the case.