Otters are protected under both European and British law. European Protected Species (EPS) are listed on Schedule 2 of the Conservation of Habitats and Species Regulations, 2017. Those species listed on Schedule 2 are protected under Regulation 41, which refers to the protection of wild animals of a European Protected Species.
Under the Habitats Regulations, it is an offence if you:
- Deliberately capture, injure or kill any wild animal of an EPS
- Deliberately disturb wild animals of any such species
- Deliberately take or destroy the eggs of such an animal, or
- Damage or destroy a breeding site or resting place of such an animal
British protected species of animal are listed on Schedule 5 of the Wildlife and Countryside Act, 1981 (as amended). Those species listed on Schedule 5 are protected under Part 1, Section 9, which refers to the protection of certain wild animals. Under Section 9 of the Wildlife and Countryside Act, 1981 (as amended) if any person –
- intentionally kills, injures or takes any wild animal included in Schedule 5;
- has in his possession or control any live or dead wild animal included in Schedule 5 or any part of, or anything derived from such an animal;
- intentionally or recklessly damages or destroys, or obstructs access to, any structure or place which any wild animal included in Schedule 5 uses for shelter or protection;
- disturbs any such animal included in Schedule 5 while it is occupying a structure or place which it uses for that purpose;
- sells, offers or exposes for sale, or has in his possession or transports for the purpose of sale, any live or dead wild animal included in Schedule 5, or any part of, or anything derived from, such an animal; or,
- publishes or causes to be published any advertisement likely to be understood as conveying that he buys or sells, or intends to buy or sell, any of those things, he shall be guilty of an offence.