Legislation for Otters
Otters Lutra lutra are fully protected under the Habitats Regulations 2010 (as amended) through their inclusion on Schedule 2. Regulation 41 prohibits:
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.
Otters are also currently protected under the Wildlife and Countryside Act 1981 through their inclusion on Schedule 5. Under this Act, they are additionally protected from:
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.
Survey Methodology
A detailed visual search will be undertaken of a watercourse to at least the surrounding 100m, where access is permitted. Field signs including live or dead otters, holts, dens, couches, tracks, trails and spraint will be recorded where present.
Complementary survey methods may include the deployment of trail cameras to record otter activity.
Key Survey Considerations
Otter surveys can be undertaken all year round but are often completed alongside water vole surveys which are seasonally restricted.
Otter surveys cannot be completed during or immediately following periods of heavy rain and high-water levels as this can wash away evidence of otter.
Additional Requirements
Where otter will be impacted, an otter mitigation licence may be required from the relevant statutory authority. The level of mitigation that will be required is dependent upon the impact. Some development activities may be subject to seasonal restrictions to avoid impacting breeding otter.
Further Survey Information
The survey will be undertaken in accordance with the following publication:
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