An 81-year-old Montana man was sentenced Monday to six months in federal prison for illegally using tissue and testicles from large sheep hunted in Central Asia and the U.S. to create hybrid sheep for captive trophy hunting in Texas and Minnesota.

U.S. 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.

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.

  • @[email protected]
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    503 months ago

    deter anyone else from trying to “change the genetic makeup of the creatures” on the earth.

    That’s the exclusive right of corporations such as Monsanto.

    • @Duamerthrax
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      393 months ago

      And animal breeders for millennium.

  • @Machinist
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    213 months ago

    As a hunter: canned hunts are disgusting. I almost feel like the sentence is too light, even if he is 81 and a first time offender.

    High fence canned hunting operations have absolutely increased the spread of chronic wasting disease in cervids.

    Teddy Rossevelt’s refusal to take part in a canned hunt led to the Teddy Bear. That same attitude led to the creation of the National Parks system in the US.

    • @Duamerthrax
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      33 months ago

      True, but on the other hand, this would have been based on a protected species and could reduce the demand of wild poaching.

  • ᴇᴍᴘᴇʀᴏʀ 帝OPM
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    183 months ago

    and did something that no one else could have done in cloning the giant sheep

    “Your scientists were so preoccupied with whether or not they could that they didn’t stop to think if they should.”

    • Bob Robertson IX
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      43 months ago

      That was just his lawyer trying to downplay the risk of someone else doing this so that his client isn’t used as an example to try to deter others. I would think that 6 months in prison probably isn’t going to deter many people who would put forth the effort to spend a decade working on a project like this.

    • ᴇᴍᴘᴇʀᴏʀ 帝OPM
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      183 months ago

      According to the DoJ press release:

      A Montana man was sentenced today to six months in prison for committing two felony wildlife crimes — a conspiracy to violate the Lacey Act and substantively violating the Lacey Act — as part of an almost decade-long effort to create giant sheep hybrids in the United States with an aim to sell the species to captive hunting facilities.

      Schubarth brought parts of the largest sheep in the world, Marco Polo argali sheep (Ovis ammon polii), from Kyrgyzstan into the United States without declaring the importation. Average males can weigh more than 300 pounds, with horns that span more than five feet. Marco Polo argali are native to the high elevations of the Pamir region of Central Asia. They are protected internationally by the Convention on International Trade in Endangered Species (CITES) and domestically by the Endangered Species Act, and are prohibited in the State of Montana to protect native sheep from disease and hybridization.

      “Schubarth not only violated federal and state law and international treaties, but he and others illegally conspired to conceal their actions from authorities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “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.”

      The Lacey Act prohibits interstate trade in wildlife that has been taken, possessed, transported or sold in violation of federal or state law. The Lacey Act also prohibits the interstate sale of wildlife that has been falsely labeled. The Act is one of the most powerful tools the United States has to combat wildlife trafficking and prevent ecological invasion by injurious wildlife.

      So while he violated a raft of international, regional and state laws, it was the Lacey Act that they used to convict him.

      • Bob Robertson IX
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        53 months ago

        So… my dreams of introducing the European Hedgehog to the American Midwest would violate federal and state laws as well as international treaties? Damn.