Man fined for illegal possession of bighorn sheep

A man has lost his hunting license for two years and must pay more than $11,000 in penalties and restitution after DNA testing revealed the bighorn sheep he claimed to have salvaged as roadkill in Idaho was really harvested illegally in Montana.

Michael Kalphat-Lopez pleaded guilty in December 2023 to unlawful possession of wildlife, a felony. A grand jury indicted him on the charge last August, as well as on an additional charge of falsifying a public record by a private person. The state agreed to dismiss the second charge as part of a plea deal.

Prosecutors said Kalphat-Lopez was traveling through Montana near the Idaho and Wyoming borders when he came across a half-curl bighorn ram that had been killed in a motor vehicle crash.

In Montana, it’s illegal to harvest a bighorn sheep that died of unnatural causes, including being hit by a vehicle. But in Idaho, individuals may keep big game animals that may be lawfully hunted or trapped that have been killed by accidental vehicle collisions. Some of those animals, including bighorn sheep, require inspection by Idaho Fish and Game staff after the salvage report.

Kalphat-Lopez used his phone to research the applicable bighorn harvest laws in Montana, Idaho and Wyoming, according to court records, then harvested the bighorn sheep’s head.

A headless bighorn sheep carcass was subsequently discovered off Highway 287 in Montana, near Ennis.

Kalphat-Lopez later electronically filed a big game mortality report with the Fish and Game regional office in Coeur d’Alene, stating he harvested the ram in Island Park, Idaho, about 10 miles from the place where the headless carcass was found. Prosecutors said bighorn sheep haven’t been spotted in Island Park for 14 years, but the animals are common across the border in Montana. 

Idaho Fish and Game opened an investigation into Kalphat-Lopez’s “suspicious” roadkill salvage report. Subsequent biological testing determined that DNA taken from the carcass in Montana matched DNA retrieved from horn scrapings from the ram’s head, according to court records.

In Idaho, it is illegal to possess big game take in violation of other state laws.

“The salvage rule in Idaho provides opportunity for individuals to recover and possess certain wildlife killed by accidental vehicle collisions so that parts of those animals can be utilized,” Upper Snake Regional Conservation Officer Barry Cummings said in a news release. “Fortunately, we have seen very few individuals abusing the law and using it to unlawfully smuggle wildlife across the border as was done in this case.”

In accordance with a Rule 11 plea agreement, First District Judge Rich Christensen placed Kalphat-Lopez on supervised probation for two years and revoked his hunting license for two years. Christensen also granted withheld judgment in the case, which means the charges can be retroactively dismissed after Kalphat-Lopez successfully completes probation.

Kalphat-Lopez must pay a $10,000 civil penalty, as well as $1,307 in restitution for DNA processing.

Before receiving his sentence, Kalphat-Lopez told the court he was on a road trip when he saw the ram on the side of the road. He said he had previously salvaged a moose and cow elk under similar circumstances, which is legal in Montana, and assumed it was also legal to do so with bighorn sheep.

“I’m grateful to live in this state with such beautiful wildlife,” he said in court. “I’ve learned from my mistake.”

Multiple agencies worked together to investigate the case, including the Fremont County Sheriff’s Office and Montana Fish Wildlife and Parks.

“We place a high value on our wildlife resources in Idaho and our officers work tirelessly to protect them,” Cummings said in a news release. “I do appreciate the court taking this case seriously and want to thank all of the agencies involved for their efforts.”