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Montana rancher gets 6 months in prison for creating hybrid sheep for captive hunting

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Montana rancher gets 6 months in prison for creating hybrid sheep for captive hunting



The rancher created a clone using the body parts of sheep that were illegally bought. His goal was to “create a larger and more valuable species of sheep to sell to captive hunting facilities.”

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A Montana rancher was sentenced to six months in prison on Monday after cloning a “near threatened” sheep from Asia and then selling its offspring to shooting preserves, according to court documents.

Arthur “Jack” Schubarth, 81, will spend six months in federal prison, with a 3-year supervised release and have to pay a $20,000 fine and a $4,000 community service payment for cloning the near-threatened Marco Polo sheep from the Asian country Kyrgyzstan.

Schubarth was sentenced for committing two felonies, conspiracy to violate the Lacey Act and substantively violating the Lacey Act, according to the U.S. Department of Justice. The Lacey Act is a law that bans the trafficking of illegally taken wildlife, fish, or plants.

Schubarth and at least five other people conspired to “create a larger hybrid species of sheep that would garner higher prices from shooting preserves” from 2013 to 2021, according to the U.S. Department of Justice.

“Schubarth’s criminal conduct is not how Montanans treat our wildlife population,” said U.S. Attorney Jesse Laslovich for the District of Montana in a statement. “Indeed, his actions threatened Montana’s native wildlife species for no other reason than he and his co-conspirators wanted to make more money.”

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Rancher illegally bought parts of the sheep

The rancher illegally brought parts of the near-threatened Marco Polo argali sheep, one of the largest sheep species in the world, weighing 300 pounds or more, to the U.S. from the Asian country Kyrgyzstan, court records show.

From 2013 to 2021, Schubarth also sold mountain sheep, mountain goats and various other hoofed animals primarily to captive hunting facilities, according to the Justice Department.

Captive hunting facilities, or shooting preserves, allow “allow trophy hunters to shoot animals who are fenced in,” according to the Humane Society of the United States. “The animals are often semi-tame—some have even been hand raised or bottle fed by humans.”

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“Argali sheep are trophy hunted due to their large size and unique long spiraling horns,” according to court documents. “Argali horns are the largest of any wild sheep.”

Argali sheep have a market value of over $350 per animal, according to court documents.

A protected species

The sheep are natives to the high elevations of the Pamir region of Central Asia, and “are prohibited in the State of Montana to protect native sheep from disease and hybridization,” the Justice Department said.

The sheep are protected around the world by the Convention on International Trade in Endangered Species (CITES) and domestically by the Endangered Species Act, according to the Department of Justice.

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“This case exemplifies the serious threat that wildlife trafficking poses to our native species and ecosystems,” said Assistant Director Edward Grace of the U.S. Fish and Wildlife Service’s Office of Law Enforcement in a statement. “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. 

Schubarth pleaded guilty in March

The rancher admitted to conspiring to violate the Lacey Act and substantively violating the Lacey Act while owning and operating under Sun River Enterprises LLC, according to court documents filed in March in the District of Montana.

The crime has since “ruined his life, reputation and family,” said his attorneys.

He committed the crimes at Schubarth Ranch, a 215-acre alternative livestock ranch in Vaughn, Montana, records show.

“On a ranch, in a barn in Montana, he created Montana Mountain King (MMK),” the sentencing memorandum submitted by Schubarth’s attorneys stated. “MMK is an extraordinary animal, born of science, and from a man who, if he could re-write history, would have left the challenge of cloning a Marco Polo to only the imagination of Michael Crichton (the author of Jurassic Park).”

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How did Schubarth create the giant hybrid sheep?

To create the hybrid sheep, Schubarth sent genetic material from the argali parts to a third-party lab to generate cloned embryos, according to the Justice Department. He paid a $4,200 deposit for the cloning, according to court records.

The rancher and his co-conspirators then used artificial breeding procedures to implant the 165 cloned Marco Polo embryos into female sheep on Schubarth Ranch, court records show.

Schubarth’s process would result in a single pure genetic male Marco Polo argali named “Montana Mountain King” or “MMK,” the Justice Department said. The rancher then used MMK’s semen to artificially impregnate other female sheep that were illegally possessed in Montana to create “hybrid animals,” according to federal authorities.

Schubarth’s and his co-conspirator’s goal was to “create a larger and more valuable species of sheep to sell to captive hunting facilities, primarily in Texas,” the Justice Department said.

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Schubarth illegally sold sheep across the US, DOJ says

Moving the sheep in and out of Montana meant Schubarth and others had to forge veterinary inspection certificates and lie about how the sheep were legally permitted animals, according to court documents. The rancher would also sell MMK’s semen directly to sheep breeders in other U.S. states, the documents continued.

In addition to argali sheep, Schubarth illegally bought genetic material from wild-hunted Rocky Mountain bighorn sheep in Montana, court records show. He violated Montana law by purchasing parts of the wild-hunted sheep and selling them. He also sold big horn parts in different states, federal authorities said.

“This was an audacious scheme to create massive hybrid sheep species to be sold and hunted as trophies,” Assistant Attorney General Todd Kim of the DOJ’s Environment and Natural Resources Division said in the release. “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.”

Jonathan Limehouse covers breaking and trending news for USA TODAY. Reach him at JLimehouse@gannett.com

Julia is a trending reporter for USA TODAY. You can connect with her on LinkedIn, follow her on X, formerly TwitterInstagram and TikTok: @juliamariegz, or email her at jgomez@gannett.com

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Montana

Live updates: No. 1 Montana State Bobcats host No. 4 South Dakota in FCS semifinals

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Live updates: No. 1 Montana State Bobcats host No. 4 South Dakota in FCS semifinals


BOZEMAN — Top-seeded Montana State (14-0) will take on fourth-seeded University of South Dakota (11-2) at 1:30 p.m. Saturday at Bobcat Stadium in the semifinals of the Football Championship Subdivision playoffs.

This is USD’s first trip to the semis, while MSU has reached the final four for the fourth time in five seasons.

The Bobcats are 9 1/2-point favorites to win Saturday’s game. Whoever prevails will face North Dakota State in the national championship game. NDSU beat rival South Dakota State 28-21 in the semis Saturday in Fargo, North Dakota.

MSU beat Idaho 52-19 at home last week in the quarterfinals, while the Coyotes prevailed 35-21 at home over a different Big Sky Conference team, UC Davis.

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The Cats are 2-0 against USD. Two teams first met in 2008, the Coyotes’ first season after moving up from Division II to D-I. MSU won that game 37-18 and beat USD 31-24 back in Bozeman a year later. 

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The Bobcats have set program records for single-season victories and longest winning streak. Their last trip to the FCS title game happened in 2021, when they beat South Dakota State 31-17 at Bobcat Stadium in the semis and lost to North Dakota State 38-10 a few weeks later in Frisco, Texas.

Pregame

MSU All-Americans Scottre Humphrey (running back) and Rohan Jones (fullback/tight end) are both active after missing last week’s game due to injury.

Cats head coach Brent Vigen is one win away from tying Sonny Holland for second-most wins in program history (47). A win Saturday would also give Vigen 30 home wins as MSU head coach, tying him with Cliff Hysell for second-most as a Bobcat. Rob Ash owns both records, with 70 overall wins and 43 at home.

MSU is 73 rushing yards away from matching its record for rushing yards in a season (4,366, set in 2022) and is one touchdown away from tying its single-season rushing TD record (49, also set in 2022).

The flag bearers for the Cats during the pregame runout were defensive back Tayden Gray (American) and center Justus Perkins (Montanan), a Bozeman native.

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First quarter

MSU got the ball first and scored with 11 minutes, 56 seconds on the clock. Tommy Mellott hit Taco Dowler for a 34-yard TD pass to put the Cats up 7-0.

Mellott also found Dowler for a 20-yard gain on the first play from scrimmage.

USD tied it up on a 55-yard TD run from Travis Theis at the 8:52 mark.

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The Cats have now allowed a play of at least 55 yards for the fourth time in five games. It’s the 83rd play of at least 20 yards for USD this season, according to the Bozeman Daily Chronicle.

USD forced what appeared to be a three-and-out on the next drive, but a Coyote jumped offsides before the punt attempt, turning a fourth-and-3 into a first down. MSU punted four plays later.

USD went three-and-out on its next drive, after a false start on third-and4 and a pass breakup from MSU cornerback Jon Johnson on the resulting third-and-9.

Mellott put MSU back up by seven points with a 5-yard TD rush with 1:04 on the clock. A 28-yard pass to Dowler set up the score.

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SCORE: Montana State 14, South Dakota 7

Second quarter

USD tied it up with 14:51 left in the half on a 45-yard TD run from Charles Pierre Jr.

Going into the game, MSU had allowed two runs of 45 or more yards all season.

Scottre Humphrey put the Cats ahead 21-14 with a 1-yard TD run at the 8:24 mark.

MSU broke the program record for single-season rushing yards on the 12-play, 74-yard drive. Humphrey’s TD put MSU at 4,384 ground yards this season. The previous mark was 4,366 in 2022.

Humphrey now has a team-leading 15 rushing TDs this season, the fifth-most in MSU history.

A Kenneth Eiden IV sack led to a USD punt on the following drive.

Myles Sansted made a 28-yard field goal with eight seconds left to put MSU ahead 24-14.

SCORE: Montana State 24, South Dakota 14

This story will be updated.

Victor Flores is the Montana State Bobcats beat writer for 406 MT Sports. Email him at victor.flores@406mtsports.com and follow him on Twitter/X at @VictorFlores406

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Montana parks board approves new state park on historic ranchland

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Montana parks board approves new state park on historic ranchland


Montana will soon have a new state park — the state’s first new park in three years.

On Friday afternoon, the Montana State Parks and Recreation Board approved the acquisition of a 109-acre parcel of land near the confluence of the Missouri and Judith rivers, which will be donated to the state.

The future Judith Landing State Park will not only provide crucial public access to the Missouri River but is also steeped in history.

These buildings were once part of the historic P-N Ranch, one of the state’s first and largest private cattle ranches. There are also remnants of a stone warehouse once used to store goods shipped along the Missouri River during the steamboat era. But that’s just the tip of the iceberg.

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“It began millennia ago with the Indigenous people who inhabited that land for decades and decades, and generations and generations,” said Megan Buecking of the Montana State Parks Foundation. “Important treaties were held there, and following that, there was also a dinosaur discovery, the first military camp in Montana, and it was also an important stop on Lewis and Clark’s journey west.”

Coming Sunday: MTN News takes a tour of the land that is now Montana’s 56th state park.





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Judge denies retired Montana Highway Patrol chief's motion to find AG in contempt • Daily Montanan

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Judge denies retired Montana Highway Patrol chief's motion to find AG in contempt • Daily Montanan


Attorney General Austin Knudsen won’t be facing a contempt order from court in a wrongful discharge lawsuit.

A former Montana Highway Patrol chief who is suing Knudsen and the state argued that the attorney general should be found in contempt for allowing the Department of Justice to disseminate confidential personnel information — an allegation the DOJ denied.

A district court judge denied the motion to set a contempt hearing last month. Lawyers for the state called the motion “unorthodox” and “a red herring.”

In the lawsuit, former Highway Patrol Col. Steve Lavin alleged he was wrongfully terminated after he launched a management review and workplace climate survey.

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As part of that lawsuit, lawyers for Lavin alleged the DOJ shared private information about Lavin with political consultant Jake Eaton and The Political Company, and Eaton more widely released it in an email to clients.

The Political Company provided fundraising consulting to Knudsen, a Republican re-elected as attorney general in November.

In the email, Eaton criticized Lavin as “an inept leader” albeit “super nice guy.”

The court filing from Lavin’s lawyers didn’t specify which part of the email it considered private personnel information.

Eaton is not party to the lawsuit, but he earlier told the Daily Montana the criticisms in his email came from social media and gossip circles, not the DOJ.

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In its response to the motion, Brown Law Firm lawyers representing Knudsen argued the state shouldn’t have to argue for Eaton, a third party, who acted as a private individual “with no official judicial or ministerial duties.”

Regardless, they also said Eaton’s explanation to the Daily Montanan that his sources did not include the DOJ make the contempt motion moot.

Plus, they said, the timing didn’t add up for such a motion.

They said the lawsuit was still “in its infancy,” their deadline to answer hadn’t even passed before the contempt motion came up, and it could “only be classified as a poorly masked attempt to force defendants to appear prior to their statutorily prescribed deadline.”

The lawyers argued that when contempt isn’t committed in open court or within the purview of the presiding judge, an affidavit outlining the facts constituting contempt needs to be presented, and one was not. So they said the judge should deny the motion.

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In the order last month, Lewis and Clark County District Court Judge Michael McMahon agreed with the state’s argument about the need for an affidavit outlining “a statement of the facts.”

The order denied the plaintiff’s request that the court set a hearing “to allow defendants to answer why they should not be held indirect civil contempt.”

The order said the contempt motion was not supported by an affidavit, required when contempt is alleged outside the view of the court. It also said the Montana Supreme Court had found procedures must be followed in such cases.

In a phone call, lawyer Ben Reed, representing Lavin, said the team’s interest in raising concerns about the email was to ensure the dispute remained focused on the allegations of wrongful termination — and stayed between the parties in the case without interference from outsiders.

“We simply wanted to bring these issues to the attention of the court and make it clear that the case is about what’s in front of the court, and not about what’s not (in front of the court), and to try and keep third parties from joining into the chorus,” Reed said.

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Reed, of the Delli Bovi, Martin and Reed firm, also said the plaintiffs will carry on with the lawsuit.

“We’re confident that we can move on in good order and according to the rule of law,” Reed said.

Spokespeople from the DOJ did not respond to requests for comment. In response to the allegations in the lawsuit, the DOJ earlier said Lavin agreed to retire after the Highway Patrol “lost confidence” in him.

In their court filing about the motion for contempt, they said the lawsuit is only about employment.

“Defendants view this as an employment matter — one where the plaintiff signed a release as part of a negotiated severance agreement, which is a complete defense to plaintiff’s claims in this matter,” said the lawyers for Knudsen. “Plaintiff is merely trying to distract from that fact with a red herring motion.”

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