Vaughn Man Sentenced for Federal Wildlife Trafficking Charges

December 2023 photo of MMK from the sentencing memo, United States v. Arthur “Jack” Schubarth case number 24-cr-0006 in U.S. District Court for the District of Montana. Arthur “Jack” Schubarth, 81, of Vaughn, was sentenced on Monday, September 30th to six months in prison for committing two felony wildlife crimes. These crimes included a conspiracy to violate the Lacey Act and substantively violating the Lacey Act. The charges were related to Schubarth’s almost decade-long effort to create giant sheep hybrids in the United States with the intention of selling the species to captive hunting facilities. Schubarth is the owner and operator of Sun River Enterprises LLC, also known as Schubarth Ranch, a 215-acre alternative livestock ranch in Vaughn. The ranch is involved in the purchase, sale, and breeding of “alternative livestock” such as mountain sheep, mountain goats, and various ungulates, with the primary market for Schubarth’s livestock being captive hunting operations, also known as shooting preserves or game ranches. Court documents revealed that Schubarth conspired with at least five other individuals between 2013 and 2021 to create a larger hybrid species of sheep that would fetch higher prices from shooting preserves. He imported 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. The average males of this species can weigh more than 300 pounds, with horns that span more than five feet. The Marco Polo argali sheep are native to the high elevations of the Pamir region of Central Asia and are protected internationally by the Convention on International Trade in Endangered Species (CITES) as well as domestically by the Endangered Species Act. They 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, which were then implanted in ewes on his ranch. This resulted in a single, pure genetic male Marco Polo argali that he named “Montana Mountain King” or MMK. According to court documents, Schubarth worked with the other unnamed coconspirators to use MMK’s semen to impregnate various other species of ewes artificially (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 transport the banned sheep in and out of Montana, Schubarth and others created fake veterinary inspection certificates, falsely stating that the sheep were allowed species. At times, Schubarth directly sold MMK semen to sheep breeders in other states. According to court documents, Schubarth's actions posed a risk of introducing disease, and at least two sheep from the operation died from Johne's disease. Johne's disease is a contagious, chronic wasting disease that can easily spread between animals directly or through environmental contamination. The court documents 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,” stated Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division in a press release. “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," explained U.S. Attorney Jesse Laslovich for the District of Montana in the press release. "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 parts of the largest sheep in the world from Kyrgyzstan to Montana. 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." The press release continued with Assistant Director Edward Grace of the U.S. Fish and Wildlife Service's Office of Law Enforcement stating, "This case exemplifies the serious threat that wildlife trafficking poses to our native species and ecosystems. 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. Schubarth was sentenced to prison and ordered to pay a $20,000 fine to the Lacey Act Reward Fund, make a $4,000 payment to the National Fish and Wildlife Foundation, and a $200 special assessment. The Lacey Act prohibits the interstate trade of wildlife that has been obtained, possessed, transported, or sold in violation of federal or state law. It also prohibits the interstate sale of wildlife that has been falsely labeled. This act is a powerful tool used by the United States to combat wildlife trafficking and prevent ecological invasion by harmful wildlife. The U.S. Fish and Wildlife Service and the Montana Department of Fish, Wildlife and Parks are investigating the case. The prosecution of the case is being handled by Trial Attorney Sarah M. Brown and Senior Trial Attorney Patrick M. Duggan of the Environment and Natural Resources Division’s Environmental Crimes Section, along with Assistant U.S. Attorney Jeffrey Starnes for the District of Montana.