In what might sound like a plot from a science fiction movie, an 81-year-old Montana man is going to prison for six months for cloning and breeding hybrid giant sheep.
Authorities say Arthur "Jack" Schubarth illegally used tissue and testicles from large sheep hunted in Central Asia and the U.S. to create giant sheep hybrids with an aim to sell the species to captive trophy hunting facilities.
U.S. District Court Judge Brian Morris said he wanted a sentence that would deter anyone else from trying to "change the genetic makeup of the creatures" on the earth, The Associated Press reported. Morris also fined Schubarth $20,000 and ordered him to make a $4,000 payment to the U.S. Fish and Wildlife Foundation.
Schubarth owns and operates a 215-acre alternative livestock ranch in Vaughn, Montana that buys, sells and breeds "alternative livestock" such as mountain sheep and mountain goat, primarily for 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.
Federal officials say Schubarth brought parts of the largest sheep in the world, Marco Polo argali sheep, 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. The animals are protected internationally by the Convention on International Trade in Endangered Species and domestically by the Endangered Species Act, and are prohibited in the State of Montana to protect native sheep from disease and hybridization.
According to the Justice Department, Schubarth sent genetic material from the argali parts to a lab to create cloned embryos. He 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. Authorities say the 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 -- 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.
"This case exemplifies the serious threat that wildlife trafficking poses to our native species and ecosystems," Assistant Director Edward Grace of the U.S. Fish and Wildlife Service's Office of Law Enforcement said in a statement. "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."
"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," Grace added.
In March, Schubarth pleaded guilty to two felony wildlife crimes – a conspiracy to violate the Lacey Act and substantively violating the Lacey Act.
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. It's one of the most powerful tools the U.S. has to combat wildlife trafficking and prevent ecological invasion by injurious wildlife.
According to the AP, MMK is still alive. The animal was confiscated by the U.S. Fish and Wildlife Services and is apparently being held in an accredited facility until it can be transferred to a zoo.