Scottish wild bird high pathogenicity: avian influenza response plan
Sets out the approach that the Scottish Government and its agencies will take to respond to an outbreak of Highly Pathogenic Avian Influenza (HPAI) in wild birds in Scotland.
4. Legislative Framework for HPAI in wild birds
Legislation is in place to respond to the identification of strains of HPAI virus in wild birds or their carcasses which are a significant risk to human and animal health. The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 provides for controlled areas around the location of where findings of HPAI H5Nx in wild birds are identified, if required. Control measures are outlined the Notifiable Avian Diseases Control Strategy for GB and provide for the implementation controls identified in Table 2. It is not Scottish Government policy to cull wild birds, although powers exist to do this if required. As its aim is preventing the spread of the disease to poultry or other captive birds, and to humans and other mammals, the legislation would not be suitable to support mitigation measures that are identified to help in the conservation of wild birds impacted by outbreaks of HPAI that are not a significant risk to human and animal health.
The Scottish HPAI Wild Bird Task Force has identified a number of activities (see Table 3) that may affect wild bird HPAI transmission or significantly impact wild bird survival. These measures, along with some of the controls available under the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007, form the current framework of mitigating action.
Scottish Government will continue to keep legislation under review when considering our response to HPAI based on current expert veterinary and scientific advice and risk assessment.
‘Listed diseases’ are all animal diseases that must be notified or reported to government as a result of statutory provisions.
‘Notifiable diseases’ are listed diseases which require notification on suspicion, without confirmatory testing. Notification can be made by anyone.
‘Reportable diseases’ are listed diseases which only require notification following detection in diagnostic testing in a laboratory, the field or other setting.
Notification and reporting requirements for influenza type A viruses in animals are set out in:
- England by The Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 (as amended)
- Wales by The Avian Influenza and Influenza of Avian Origin in Mammals (Wales) (No.2) Order 2006 (as amended)
- Scotland by The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006 (as amended)
Avian influenza is not a notifiable disease in wild birds in Great Britain. However, it is reportable in England. If you analyse a sample taken from a wild bird found dead in England or a live wild bird located in England, and you detect avian influenza virus or antibodies to avian influenza virus you must report it. Further details on how to report and what information needs to be reported can be found in the Avian influenza and influenza of avian origin: diagnostic testing, controls and reporting obligations guidance available.
Influenza of avian origin is also a notifiable disease in both kept and wild mammals. A case definition for influenza of avian origin together with further information on how APHA monitor the risk of influenza of avian origin in wild mammals has been published to support decision around reporting suspicion.
Table 2: Legislative controls under The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007[6] (if applied).
| Restrictions in Zone(s) | Wild Bird Control Area (WBCA) | Wild Bird Monitoring area (WBMA) |
|---|---|---|
| Default radius (km) | 3 | 10 |
| Minimum length of time in place since the collection of samples from the infected wild bird (days) | 21[1] | 30 |
| Movement restrictions – poultry or other captive birds | Y | Y |
| Movement restrictions – hatching eggs | Y | N |
| Movement restrictions – bird by-products | Y | N |
| Restrictions/Requirements – controlled meat | Y | N |
| Restrictions – poultry/other captive bird manure | Y | N |
| Biosecurity | Y | Y |
| Ban on bird gatherings | Y | Y |
| Ban on the release of game birds | Y | Y |
| Ban on hunting/taking of wild birds | Y | Y |
[1] See paragraphs 10-11 for circumstances where this may become part of the WBMA before this date.
Contact
Email: marine_species@gov.scot