A Montana rancher pleaded guilty this week to two felony wildlife crimes: 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 to sell the species to captive hunting facilities. He faces the possibility of years and jail and substantial fine.
Arthur “Jack” Schubarth, 80, of Vaughn, Montana, owns and operates Sun River Enterprises LLC — also known as Schubarth Ranch — a 215-acre ranch. Schubarth Ranch purchases sells, and breeds “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, the 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 and domestically by the U.S. Endangered Species Act. They are also prohibited in 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.
According to the Office of Public Affairs, Schubarth and others forged veterinary inspection certificates to move the prohibited sheep into and out of Montana, falsely claiming that the sheep were legally permitted species. On occasion, Schubarth sold MMK semen directly to sheep breeders in other states.
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 the use of Montana game animals on alternative livestock ranches. Schubarth transported and sold the bighorn parts in interstate commerce.
“This was an audacious scheme to create massive hybrid sheep species to be sold and hunted as trophies,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “In pursuit of this scheme, Schubarth violated international law and the Lacey Act, both of which protect the viability and health of native populations of animals.”
“The kind of crime we uncovered here could threaten the integrity of our wildlife species in Montana,” said Ron Howell, Chief of Enforcement for Montana Fish, Wildlife & Parks. This was a complex case, and the partnership between us and the U.S. Fish and Wildlife Service was critical in solving it.”
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.
For each felony count, Schubarth faces a maximum penalty of five years in prison, a fine of up to $250,000, and three years of supervised release. Schubarth is scheduled to be sentenced on July 11 by Chief U.S. District Court Judge Brian M. Morris for the District of Montana.
The U.S. Fish and Wildlife Service and Montana FWP are investigating the case.
Trial Attorney Sarah M. Brown, Senior Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section, and Assistant U.S. Attorney Jeffrey Starnes for the District of Montana are prosecuting the case.
