Legislation for Otter Protection

Otters Lutra lutra are listed on Schedule 2 of the Habitats Regulations 2010 (as amended). Regulation 41 prohibits: 

• Deliberate killing, injuring or capturing of Schedule 2 species. 

• Deliberate disturbance of species in such a way as:

a) To impair their ability to survive, breed, or reproduce, or to rear or nurture young; 

b) To impair their ability to migrate;

c) To affect significantly the local distribution or abundance of the species.

• Damage or destruction of a breeding site or resting place.

Otters are also listed under Schedule 5 of the Wildlife and Countryside Act 1981, protecting otters from:

• Intentional or reckless disturbance (at any level).

• Intentional or reckless obstruction of access to any place of shelter or protection.

Otters inhabit watercourses and surrounding riparian habitats. They breed in holts which are created in places such as natural rock crevices, under tree roots and in gaps in a riverbank. Development activities such as tree felling, vegetation clearance and excavations could damage or destroy a holt and disturb, injure or kill breeding otter.