Otters (Lutra lutra) are highly adapted, aquatic hunters with long streamlined bodies, rudder-like tails and webbed feet. The Otter is one of the largest British carnivores. Formerly widespread throughout Wales, the Otter suffered a national decline during the 1950–70s. Their demise coincided with the first widespread use of organochlorine pesticides. Following a population recovery during the late 1980s/early 1990s, largely due to improvements in river water quality, Otters can be found on the main rivers and tributariesand in coastal salt marsh /floodplain  areas in  Carmarthenshire.  Today otter road deaths are are a significant threat to the species.

The Otter is a European protected species and is afforded protection under Schedule 5 of the Wildlife and Countryside Act and the Conservation (Natural Habitats) Regulations 1994.

Offences:

The protection under the abovelegislation means that it is illegal 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 fines of about £5,000 can be applied or 6 months imprisonment.

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 relase 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 Assembly 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.

Development and Planning:

Where development sites include or are adjacent to a watercourse an otter survey will be required to be undertaken to inform the determination of any planning application.  As otters are European and nationally protected species they are a material planning consideration and relevant information about any possible impacts on such species will be required up-front.  If otters are discovered then a mitigation plan may need to be provided, the implementation of which may then be a requirement of any permission granted.  In addition, a licence from the Welsh Assembly Government may also be needed.  It should be noted that in some cases a vegetated buffer zone from the watercourse may be insisted upon negating the need for survey information.