Otters and the Law
Otters and the Law
Otters can be found on the main rivers and tributaries; all
canals; at Pant-y-Sais Fen and in coastal salt marsh areas in Neath
Port Talbot.
The Otter is a European protected species and is afforded
protection under Schedule 5 of the Wildlife and
Countryside Act and the Conservation
of Habitats and Species Regulations 2010.
Offences:
- To kill, injure or handle an otter
- Disturb an otter in its place of shelter (holt) or resting
- Obstruct, damage or destroy the places where otters live
- Possess, control, transport, sell, exchange or offer for
sale/exchange any live or dead otter or any part of an otter
- Keep otters in captivity
If any activities are undertaken that result in any of above an
offence would be committed under the law. If
prosecuted a conviction can be 6 months imprisonment and/or a
fine.
Exceptions and derogations:
There are a number of exceptions where such activities can be
undertaken without an offence being committed:
- You can tend to an injured otter in order to release it when it
recovers or you can kill an otter that is so seriously injured it
has no reasonable chance of recovery.
- If any actions or works, such as development near to a
watercourse or flood-alleviation work, are likely to impact on
otters then a (derogation) licence may be able to be obtained from
the Welsh Government. This will allow works to be undertaken
dependent upon the implementation of certain conditions and methods
of working. Mitigation may be required to be provided, especially
in the case of developments, where for example holts are removed.
New holts are normally required to be provided if any are
lost.
Further Information: