The Tool Desk
Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Montana rancher Arthur “Jack” Schubarth did not genetically engineer a new species or clone a herd of giant sheep. The U.S. Department of Justice says that, from 2013 through 2021, he and co-conspirators illegally imported Marco Polo argali parts, used genetic material to produce one cloned male, and bred hybrids using that animal’s semen. The scheme was intended to produce larger sheep for captive hunting operations.
The case combined cloning and breeding with wildlife trafficking: undeclared imports, prohibited animal movement, false veterinary certificates, and interstate trade in unlawfully obtained wildlife parts.
What Schubarth actually created
The phrase “giant sheep” is useful shorthand, but it obscures the biology. The operation produced two different kinds of animals:
- Montana Mountain King (MMK) was a cloned, pure-genetic male Marco Polo argali.
- The later large sheep were hybrids. They were produced by using MMK’s semen to artificially inseminate ewes of other species.
MMK was the cloned breeding source—not a clone of every subsequent animal. The offspring inherited some of his genetics through reproduction, combined with the genetics of the ewes.
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Marco Polo argali are large Central Asian wild sheep, commonly identified as Ovis ammon polii. They are protected by CITES and the U.S. Endangered Species Act, and the DOJ says they were prohibited in Montana. They are distinct from Rocky Mountain bighorn sheep and domestic sheep. The DOJ describes male Marco Polo argali as averaging more than 300 pounds, with horns spanning more than five feet.
The scheme and its outcome
2013–2021: Importation, cloning, and hybrid breeding
The DOJ describes the conspiracy as running from 2013 through 2021 and involving Schubarth and at least five other people. Schubarth brought undeclared Marco Polo argali parts from Kyrgyzstan into the United States and sent genetic material to a laboratory to create cloned embryos. After an embryo was implanted in a ewe on his ranch, it produced a male argali Schubarth named Montana Mountain King.
Schubarth and his co-conspirators used MMK’s semen to inseminate ewes of other species and produce hybrids for captive hunting facilities. The DOJ says the sheep were prohibited in Montana and that the group forged veterinary inspection certificates to move prohibited sheep into and out of the state.
The case also involved genetic material from wild-hunted Rocky Mountain bighorn sheep in Montana. The DOJ says Schubarth bought parts in violation of state law, which prohibits selling game animal parts within Montana and using Montana game animals on alternative livestock ranches, then moved and sold the parts across state lines.
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2024: Guilty plea and sentence
Schubarth pleaded guilty in March 2024 to conspiracy to violate the Lacey Act and a substantive Lacey Act offense. On September 30, 2024, he was sentenced to six months in federal prison. The DOJ reported a $20,000 fine, a $4,000 payment to the National Fish and Wildlife Foundation, and a $200 special assessment. The Associated Press reported that the judge also barred him from breeding game stock during three years of probation.
The Associated Press reported that the remaining hybrid sheep with Marco Polo DNA at the ranch had to be sent to slaughter, with the meat donated. It also reported that MMK had been confiscated by the U.S. Fish and Wildlife Service and was being held at an accredited facility pending a possible transfer to a zoo. That is the reported status at sentencing, not confirmation of his current location.
The Justice Department’s sentencing announcement describes the charges, breeding scheme, conservation concerns, and penalties.
How cloning fit into the scheme
Cloning produced MMK from genetic material taken from a Marco Polo argali. The subsequent hybrid sheep were not clones: Schubarth and his co-conspirators used MMK’s semen to artificially inseminate ewes of other species.
The case was not simply about a novel breeding technique. The admitted criminal conduct involved obtaining and importing regulated wildlife material, possessing and breeding prohibited animals, moving wildlife and genetic material, and trafficking in wildlife parts.
Why the conduct violated federal and state law
Wildlife protections and import controls
Marco Polo argali are protected by CITES and the U.S. Endangered Species Act. The DOJ says the parts were brought from Kyrgyzstan into the United States without being declared. Wildlife parts and genetic material can be subject to import controls; they are not exempt merely because they are not live animals.
Lacey Act trafficking
The Lacey Act can prohibit importing, transporting, selling, or acquiring wildlife taken, possessed, transported, or sold in violation of another law. It also addresses interstate sale of falsely labeled wildlife. The case involved illegally imported argali material, prohibited animal movement, and interstate trade in wildlife parts obtained in violation of state law.
Montana restrictions and false documents
The DOJ says the hybrid sheep were prohibited in Montana and that Schubarth and others forged veterinary inspection certificates to move prohibited sheep into and out of the state. The case also included Rocky Mountain bighorn sheep parts obtained and used in ways the DOJ says violated Montana law.
Why wildlife officials were concerned
The DOJ cited the risks of introducing disease and compromising the genetic integrity of native wild sheep. The case involved regulated wildlife and genetic material being moved and bred outside required legal and biological controls, not merely the production of unusually large sheep.
Was cloning itself illegal?
The case did not establish that cloning a sheep is categorically illegal in the United States. The prosecution concerned the surrounding wildlife conduct: illegally imported genetic material, animals prohibited in Montana, false movement certificates, and interstate trade in unlawfully obtained wildlife parts.
Any cloning or breeding project involving wildlife still has to comply with applicable import, wildlife, health, and state and federal requirements.
Was this genetic engineering?
No. The case describes cloning and crossbreeding, not laboratory gene editing. Cloning produced one pure-genetic male argali, MMK; using his semen with ewes of other species produced hybrids.
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What the case means for animal owners and wildlife enthusiasts
This case is not a warning that cloning a dog or cat automatically constitutes wildlife trafficking. It shows that an animal or wildlife-derived material can be subject to legal controls based on its species, origin, possession, transport, and sale.
Before importing, transporting, breeding, selling, or acquiring an unusual animal or wildlife-derived genetic material, check requirements with the relevant state wildlife agency and the U.S. Fish and Wildlife Service, and seek qualified legal or veterinary advice where appropriate. A private breeding arrangement or veterinary certificate does not authorize an otherwise prohibited animal or shipment.
FAQ
Did the Montana rancher clone a giant sheep?
He produced one cloned male Marco Polo argali, named Montana Mountain King. The later large sheep were hybrids created using his semen, not clones of him.
Why was the case illegal?
The case involved undeclared imports of argali parts, breeding sheep the DOJ says were prohibited in Montana, forged veterinary certificates, and interstate trade in wildlife parts obtained in violation of state law.
What is a Marco Polo argali?
It is a large Central Asian wild sheep, commonly identified as Ovis ammon polii. It is distinct from Rocky Mountain bighorn sheep and domestic sheep, and is protected by CITES and the U.S. Endangered Species Act.
What happened to Montana Mountain King?
At sentencing, the Associated Press reported that MMK had been confiscated by the U.S. Fish and Wildlife Service and was being held at an accredited facility pending a possible zoo transfer. The dossier does not establish his current status.
What was Schubarth’s sentence?
He received six months in prison, a $20,000 fine, a $4,000 payment to the National Fish and Wildlife Foundation, and a $200 special assessment. The Associated Press also reported a three-year probation restriction on breeding game stock.
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