skip to main content

Protected mammals - Otters

What are they?

Otters are land mammals, but they spend a considerable amount of time in water.  They can be found in both freshwater (such as rivers and lochs) as well as in the sea.

Otters live in holts, for example burrows, natural holes, caves or other structures (including man-made ones) that are used for shelter or for breeding.  They can also use other structures to rest in or take temporary shelter, for example couches.  

Find out more...

How are they protected?

Otters are classed as European protected species and are fully protected under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended).  This lists a number of offences in relation to otters and the places in which they live.

Offences

The following provides a summary of the offences in the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) in relation to wild otters.

It is an offence to deliberately or recklessly:

  • capture, injure or kill an otter;
  • harass an otter or group of otters; 
  • disturb an otter in a holt or any other structure or place it uses for shelter or protection;
  • disturb an otter while it is rearing or otherwise caring for its young;
  • obstruct access to a holt or other structure or place otters use for shelter or protection or to otherwise deny the animal use of that place;
  • disturb an otter in a manner that is, or in circumstances which are, likely to significantly affect the local distribution or abundance of the species;
  • disturb an otter in a manner that is, or in circumstances which are, likely to impair its ability to survive, breed or reproduce, or rear or otherwise care for its young.

It is also an offence to:

  • damage or destroy a breeding site or resting place of such an animal (note that this does not need to be deliberate or reckless to constitute an offence);
  • keep, transport, sell or exchange or offer for sale or exchange any wild otter or any part or derivative of one (if obtained after 10 June 1994).

Licensing and otters

Licences are available to allow specified people to carry out actions that could otherwise constitute an offence.  As with any European protected species, licences can only be issued for specific purposes that are set out in the legislation.  If you are planning any activities that could affect otters or the places they use, you should make sure that you stay within the law.

If you are proposing to undertake an action that might otherwise constitute an offence, you may need a licence and should refer to our licensing and otters pages.

 

 

*Please Note* The summary of legislation and list of offences on this page are not comprehensive, and is intended for use as a guide only.  For a definitive list of offences you should consult the actual legislation.  It is also important to note that this is the law in Scotland, elsewhere in the UK the legislation may differ.