An 81-year-old Montana man was sentenced on Monday to six months in federal prison for illegally using tissue and testicles from large sheep hunted in central Asia and the US to create hybrid sheep for captive trophy hunting in Texas and Minnesota.
The US district court judge Brian Morris said he struggled to come up with a sentence for Arthur “Jack” Schubarth of Vaughn, Montana. He said he weighed Schubarth’s age and lack of a criminal record with a sentence that would deter anyone else from trying to “change the genetic makeup of the creatures” on the Earth.
Morris also fined Schubarth $20,000 and ordered him to make a $4,000 payment to the US Fish and Wildlife Foundation. Schubarth will be allowed to self-report to a federal bureau of prisons medical facility.
“I will have to work the rest of my life to repair everything I’ve done,” Schubarth told the judge just before sentencing.
Schubarth’s attorney, Jason Holden, said cloning the giant Marco Polo sheep hunted in Kyrgyzstan in 2013 has ruined his client’s “life, reputation and family”.
“I think this has broken him,” Holden said.
Holden, in seeking a probationary sentence, argued that Schubarth was a hard-working man who has always cared for animals and did something that no one else could have done in cloning the giant sheep, which he named Montana Mountain King – or MMK.
The animal has been confiscated by US Fish and Wildlife Services and is being held in an accredited facility until it can be transferred to a zoo, said Richard Bare, a special agent with the wildlife service.
Sarah Brown, an attorney with the US Department of Justice, had asked that Schubarth be sentenced to prison, saying his illegal breeding operation was widespread, involved other states and endangered the health of other wildlife. The crime involved forethought, was complex and involved many illegal acts, she said.
Schubarth owns Sun River Enterprises LLC, a 215-acre (87-hectare) alternative livestock ranch, which buys, sells and breeds “alternative livestock” such as mountain sheep, mountain goats and ungulates, primarily for private hunting preserves, where people shoot captive trophy game animals for a fee, prosecutors said. He had been in the game farm business since 1987, Schubarth said.
Schubarth pleaded guilty in March to charges that he and five other people conspired to use tissue from a Marco Polo sheep illegally brought into the US to clone that animal and then use the clone and its descendants to create a larger, hybrid species of sheep that would be more valuable for captive hunting operations.
Marco Polo sheep are the largest in the world, can weigh 300lb (136kg) and have curled horns up to 5ft (1.5 meters) long, court records said.
