A Montana man has been sentenced to six months in prison and fined $24,200 for an elaborate scheme involving the illegal cloning of a massive, endangered sheep species. Arthur “Jack” Schubarth’s plan revolved around the Marco Polo argali sheep (Ovis ammon polii), the world’s largest sheep species, with males weighing up to 300 pounds and boasting horns reaching five feet long. Schubarth’s motive wasn’t wool production but rather creating a new, even larger breed for captive hunting.
While animal cloning isn’t illegal in the U.S., Schubarth’s crimes centered on illegally acquiring and distributing the genetic material used in the cloning process. In March, he pleaded guilty to two felony violations of the Lacey Act, a 1900 law regulating the import of potentially harmful wildlife. The Lacey Act protects humans, agriculture, and native wildlife from the risks associated with introducing non-native species.
The Justice Department revealed that Schubarth, along with at least five others (possibly including his son), smuggled Marco Polo sheep parts into the U.S. from Kyrgyzstan without proper declaration. Court documents suggest Schubarth’s son traveled to Kyrgyzstan in 2013, killed an argali, and returned with “viable tissue” for cloning. Between 2013 and 2021, the group used a genetics lab to create cloned embryos, resulting in a single male argali named “Montana Mountain King” (MMK).
Subsequently, Schubarth and his conspirators extracted semen from MMK to impregnate females of other illegal sheep species in Montana, creating hybrids. Their objective was to breed an even larger sheep for sale to captive hunting facilities, primarily in Texas.
Remarkably, the scheme succeeded for a time. The large hybrid sheep were transported across state lines using forged veterinary inspection certificates. Schubarth also sold MMK’s semen to other breeders, with illegal sales reaching clients in 12 states. Prosecutors emphasized the premeditated nature of Schubarth’s crimes, highlighting his awareness of the legal ramifications.
“It was not a spur-of-the-moment or one-off crime,” they stated. “It was a knowing, planned crime that Schubarth undertook, despite knowing that his actions were violating state and federal law.”
Assistant Attorney General Todd Kim underscored the severity of the violations, stating, “Schubarth not only violated federal and state law and international treaties, but he and others illegally conspired to conceal their actions from authorities. Violations of the Lacey Act, CITES, and other laws can be devastating for our domestic populations of wild animals.”
The importation of Marco Polo sheep is illegal due to the risk they pose to native sheep populations. The Justice Department noted that Schubarth’s operation endangered native sheep by exposing them to diseases, including Johne’s disease, a contagious wasting illness that killed two sheep on Schubarth’s ranch during the period in question.
Schubarth’s sentencing serves as a stark reminder of the importance of wildlife conservation and the legal consequences of exploiting endangered species. His elaborate scheme, while initially successful, ultimately unravelled due to diligent investigation and enforcement of wildlife protection laws.
