December 15, 2004 - Michigan officials today announced the outcome of several prosecutions the state aggressively sought after investigations showed willful violations of the state’s Emerald Ash Borer (EAB) quarantine.

“The investigations and subsequent judgments demonstrate how seriously Michigan views the importance of the quarantine and our commitment to pursue violators,” said Dan Wyant, director of the Michigan Department of Agriculture (MDA), the agency responsible for issuing and enforcing the quarantine. “The quarantine is integral to the state’s battle of stopping the spread of this devastating pest as well as reducing the tremendous environmental and economic impacts EAB creates for our communities, residents and local, state and federal governments.” 

One case Wyant noted in particular was that of OGW Tree Service and Trucking of Southfield. The company began working with a community in Oakland County in 2003 removing dead and dying ash trees from that area. Despite numerous trips to the state’s no-cost disposal sites and awareness of the EAB quarantine, the company illegally moved ash wood out of the quarantined area to properties in Gratiot and Luce counties.

“The Department’s investigation showed that the company is directly responsible for the introduction and infestation of Emerald Ash Borer into Gratiot County. Thankfully, Luce County was spared from a similar fate as we have found no evidence of EAB infestation there to date,” Wyant said. “Sadly, Michigan citizens and ash resources end up paying the ultimate price for this type of disregard for the law.”

Detailed MDA evidence and investigations led both Gratiot and Luce County prosecutors to charge the company with multiple counts for willfully violating the state EAB quarantine. In Gratiot County, OGW Tree Service and Trucking was found guilty and ordered to pay the state $8,680 in fines, court costs and restitution as well as serve 90 days in jail should the fees fail to be paid in a timely manner. The company was also found guilty in Luce County and fined $200.

“I was impressed by the documentation and thoroughness of the investigation conducted by the MDA staff,” said Steve Knittel, assistant prosecutor for Gratiot County.  “Their commitment to detail and diligence in pursuing this case compelled this office to seek the maximum penalties allowed under the law.”
 
Other recently prosecuted cases include:

• J & J Hardwoods of Lansing was convicted of illegally moving ash saw logs out of the quarantined area. The owner pleaded guilty to 10 counts of violating the quarantine and ordered to pay $1,240 in fines and court costs.
• Progressive Timberlands, based in Traverse City, was convicted of violating the quarantine by illegally moving ash logs. The owner was ordered to pay $2,000 in fines and court costs.
• Roberts Tree Service of Livonia was convicted of violating the quarantine by illegally moving firewood. The owner was sentenced to one-year probation, 80 hours of community service, and ordered to pay $690 in fines and courts costs.

With the discovery of EAB in July of 2002, MDA immediately issued a quarantine prohibiting the movement of ash logs, materials and all firewood to contain the beetle and prevent potential artificial spread. After review and updates, the quarantined counties now include: Genesee, Ingham, Jackson, Lapeer, Lenawee, Livingston, Macomb, Monroe, Oakland, St. Clair, Shiawassee, Washtenaw and Wayne; as well as several townships, cities or villages within seven other counties. There is also a federal quarantine in place to complement and supplement the state quarantine for any movement across state lines.

“Michigan is working tirelessly to stem impacts from EAB and to save our state’s forestland and natural resource heritage,” said Patricia Lockwood, State EAB Policy Director for Governor Jennifer M. Granholm. “In order to be successful, however, this effort also requires the awareness and cooperation of all Michigan residents, especially those living, doing business, or visiting quarantined areas. We urge full compliance and also for residents to immediately report any potential questionable activity to the state’s EAB toll-free hotline at 866/325-0023.”

Emerald Ash Borer is an exotic insect native to Asia that attacks ash trees and was previously unknown on the North American continent until its discovery in Michigan during the summer of 2002. The borer has already devastated approximately eight million ash trees in southeast Michigan. EAB continues to damage or destroy trees in this region as well as infest other localized areas in various counties and communities due mainly to the pre-quarantine movement of ash trees, materials or firewood. The state has an active, multi-agency Emerald Ash Borer task force working collectively to detect, contain and respond to EAB and minimize its damage.

For more information about EAB or Michigan’s response efforts, visit the MDA web site at www.michigan.gov/mda and click on "Emerald Ash Borer" in the spotlight section; or visit www.emeraldashborer.info. You can also call the MDA Pesticide and Plant Pest Management Division at 517/373-1087 or contact your regional MDA, Michigan Department of Natural Resources, local Michigan State University Extension or conservation district office.