Statutory guidance

Otters: licence to capture and transport those trapped in fisheries to prevent damage (licence CL36)

Updated 1 January 2024

Applies to England

Class licence CL36: to permit live capture and transport of otters.

Overview

This licence permits persons registered under this licence to capture and transport live Eurasian otters (Lutra lutra) for the purposes of preventing serious damage to fisheries. This licence may only be used at fisheries that have been appropriately fenced to prevent access by otters.

Registration: Anyone wishing to use this licence must first apply to Natural England to register. The registration process is explained in the Information and Advice notes o - s.

Recording and reporting: Record keeping and reporting for each site where the licence is used is a requirement of this licence.

Reference: WML – CL36.

Legislation

Statute(s):

• Conservation of Habitats and Species Regulations 2017 (as amended) (‘the Habitats Regulations’)
• Wildlife and Countryside Act 1981 (as amended) (‘the 1981 Act’)

Section(s) This licence is issued under regulation 55(2)(g) of the Habitats Regulations and sections 16(3)(h), 16(3ZA) and 16(5) of the 1981 Act.

Licence terms and conditions

Valid for the period: 1 January 2024 to 31 December 2024 (inclusive).

Area valid in: All counties of England (landward of the mean low water mark).

Purpose(s) for which this licence is issued: This licence can only be used to prevent serious damage to fisheries.

What this licence permits

Subject to all the terms and conditions of this licence and solely for the purpose(s) stated above, this licence permits Registered Persons and their Assistants to capture and transport live Eurasian Otter (Lutra lutra) by means of live capture trapping.

Who can use this licence

This licence can only be used by Registered Persons* and their Assistants* except those convicted on or after 1 January 2010 of a wildlife crime* unless, in respect of that offence, either:

• they are a rehabilitated person for the purposes of the Rehabilitation of Offenders Act 1974 and their conviction is treated as spent, or
• a court has made an order discharging them absolutely

Any application by a person to whom this exclusion applies for an individual licence will be considered on its merits.

*: see Definitions

When this licence can be used

a) This licence can only be relied on in circumstances where:

i. licensed action is necessary to prevent serious damage to fisheries

ii. before using the licence reasonable endeavours have been made to resolve the problem using any lawful methods that may be appropriate in the circumstances (see Information and Advice note c below), and

iii. reasonable endeavours continue to be made to resolve the problem using such appropriate lawful methods alongside use of the licence

b) Confirmation of reasonable endeavours to resolve the problem using appropriate lawful methods must be provided when completing Annex C.

Definitions used in this licence

“Registered Person” is a person who has successfully registered to use this licence in accordance with Condition 1.

“Assistant” is a person assisting a Registered Person in accordance with Condition 1. There are two levels of Assistants covered under this licence.

“Level 1 Assistant” is a person who is skilled and experienced in using live capture traps for mammals, and who has received guidance on resetting traps previously set under this licence by the Registered Person. A Level 1 Assistant is only able to reset traps previously set under this licence by the Registered Person. A Level 1 Assistant can reset traps under this licence without the Registered Person being present. Details of Level 1 Assistants must be listed in the ‘Notification of intention to trap (capture) and remove an otter from a fenced fishery’ (Annex C). A maximum of three Level 1 Assistants can be authorised in writing by the Registered Person to operate under this licence at any given site for which a notification form has been submitted to Natural England.

“Level 2 Assistant” is authorised to act under this licence only whilst they are under the direct supervision of the Registered Person.

“Protected site” means any Special Protection Areas (SPAs), Special Areas of Conservation (SAC), Ramsar sites, and sites of special scientific interest (SSSIs), including proposed sites.

“Wildlife crime” means any offence under the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’), the Wildlife and Countryside Act 1981, the Protection of Badgers Act 1992, the Deer Act 1991, the Hunting Act 2004, the Wild Mammals (Protection) Act 1996, the Animal Welfare Act 2006, the Protection of Animals Act 1911 (all as amended), or the Invasive Alien Species (Enforcement and Permitting) Order 2019.

Licence conditions

1. To use this licence you must either:
   
   i. be a Registered Person (see Information and Advice notes o - s for registration procedures and Definitions)
   
   ii. be authorised by a Registered Person to act as a Level 1 Assistant (see Definitions), or
   
   iii. be authorised by a Registered Person to act as a Level 2 Assistant (see Definitions), in which case you may only act under the authority of this licence so long as you are doing so under the direct supervision of a Registered Person.
   
   Acting under this licence
   
   
2. The Registered Person is responsible for ensuring that all activities carried out under this licence, including activities carried out by Level 1 or Level 2 Assistants, comply with all terms and conditions of the licence.
   
   
3. The Registered Person must ensure that all people acting under this licence are appropriately trained and competent. Only people who have completed and passed a training course on otter trapping that has been approved by Natural England may be a Registered Person under this licence.
   
   
4. The Registered Person is responsible for ensuring that all reasonable precautions are taken to ensure that unnecessary suffering of the otter is avoided.
   
   
5. The Registered Person must be able to attend any trap set under this licence to catch otters within a maximum of three hours.
   
   
6. This licence may only be used at fisheries that are enclosed by fencing that meets the minimum specification set out in Annex B. Where the fishery is fenced but the fencing does not meet the standard in Annex B, Natural England must be consulted before any action is taken under this licence.
   
   
7. Natural England must be notified by email, using the form at Annex C, before any action is taken under this licence.
   
   
8. Landowner’s permission must be obtained before any action is taken under this licence (see Information and Advice note x).
   
   
9. Persons authorised under this licence shall permit an officer of Natural England, accompanied by such individuals as he / she considers necessary for the purpose, on production of their identification on demand, to be present during any operations carried out under the authority of this licence for the purpose of ascertaining whether the conditions of this licence are being, or have been, complied with. The Registered Person shall give all reasonable assistance to an officer of Natural England and any individuals accompanying them.
   
   Trapping
   
   
10. Before setting any trap, the boundary fence of the fishery must be inspected in order to identify how the otter entered the fishery and any damage or breaches to the fence must be rectified.
    
    
11. Any trap used under the authority of this licence must be of a certified type and make, or a trap constructed by the person using it to an approved design and confirmed as suitable for the humane live capture of otters by Natural England (see Information and Advice note d). If requested, the specification and photographs of the trap to be used must be provided to Natural England by the Registered Person before it is set.
    
    
12. The trap must be located on a bank above the water line and where flooding will not normally occur. The trap must not be set during inclement weather conditions (see Condition 14). Traps must be deactivated in periods of heavy rainfall or when heavy rainfall is predicted.
    
    
13. Traps must not be set on rafts.
    
    
14. When not in use, a trap must be securely fixed open or closed in such a way as to ensure that it is incapable of catching animals.
    
    
15. Traps capable of catching animals must be checked at least twice in each 24 hour period (once in the morning and once in the evening), including one check as soon as practicable after dawn each morning, and not later than 09.00 h (see Information and Advice notes i and j). If traps are only set to catch overnight, the visit to set the trap in the evening may count as one of the daily checks.
    
    
16. A trap must not be set to catch if there is evidence that there is a lactating female otter with dependent cubs within the fishery fence.
    
    
17. The trap is to be used in accordance with the manufacturer’s instructions (see Information and Advice notes d and k).
    
    
18. Any manufacturer’s permanent marking of the trap must not be removed or rendered illegible (see Information and Advice note k).
    
    Releasing animals
    
    
19. Level 1 Assistants must not handle or release otters.
    
    
20. Any trapped otter must be released as soon as possible following capture.
    
    
21. Any trapped otter must be released outside the fishery fence in the vicinity of the fishery and close to a water body (unless the animal is a lactating female in which case Condition 22 applies).
    
    
22. If a trapped otter is a lactating female, in order to avoid the risk that she is separated from dependent young within the fishery, she must be released at the point of capture within the fence surrounding the fishery. Trapping must stop and Natural England be contacted for advice. This Condition does not apply if it is confirmed that dependent cubs are located outside of the fishery.
    
    
23. All persons undertaking an assessment of a trapped animal’s physical and mental health when determining whether the animal is fit for release, shall possess appropriate knowledge and experience of undertaking such assessments or shall operate under the guidance of such a person.
    
    
24. If the trapped otter is injured and / or is judged to be unfit for release, veterinary advice must be sought. As soon as the animal has recovered it must be released outside the fishery fence in the vicinity of the fishery where it was found and close to a water body.
    
    
25. Any animal (other than a Eurasian otter) caught in a trap must be removed and released at the point of capture as soon as its presence is known, with the exception of those for which release into the wild would be illegal (see Condition 26 below) or those that it is lawful to kill or take.
    
    
26. Any animal (other than a Eurasian otter) caught in a trap that is of a kind which is not ordinarily resident in or a regular visitor to Great Britain in a wild state, is included in Schedule 9 of the 1981 Act or is listed as a species of Union concern, must not be released and must be humanely dispatched by a person suitably equipped and competent to do so (see Information and Advice note g), unless it is a native species or a former native species listed in Schedule 9 Part 1A and Part 1B of the 1981 Act, in which case it must be released if uninjured, or veterinary advice sought (see Information and Advice notes n - o).
    
    General
    
    
27. All relevant animal welfare legislation must be complied with at all times, including the Animal Welfare Act 2006 and the Wild Mammals (Protection) Act 1996.
    
    
28. All appropriate biosecurity measures must be used and be in place, for example, traps must be thoroughly cleaned and air-dried before they are moved between fisheries, in order to ensure that pathogens and invasive species are not transferred between sites (see Information and Advice note l).
    
    Recording and reporting requirements
    
    
29. The Registered Person must maintain a record of all activities carried out under the authority of this licence. A ‘Report of action taken under licence’ (Report form WML-LR-CL36) must be completed by the Registered Person and sent to Natural England at the address shown below within 14 days of licensed activities being completed at each site where this licence is used. Records must be kept for at least 24 months after the licence expires and are to be made available for inspection by Natural England at any reasonable time.
    
    
30. If no action is taken within the licence period, a report form stating ‘no action taken’ must be sent to Natural England to arrive not later than 31 January.
    
    
31. If Conditions 29 and 30 are not met then the Registered Person will, by default, no longer be considered registered to act under this licence.
    
    
32. Natural England must be informed of all breaches to this licence within 48 hours of the breach occurring. Unless advised otherwise by Natural England, the Registered Person must take the necessary steps to address any breaches or poor practice identified as quickly as possible.

Coronavirus – Best practice

To avoid transmitting COVID-19 from people to wild mammals, you should: stay at least 2 metres from live wild mammals at all times; only capture or handle live wild mammals if necessary; and avoid going within 2 metres of known breeding or regularly used resting sites of mammals. If you cannot follow these guidelines, then you should minimise the time spent in close proximity and handling mammals; limit the number of people that come into close proximity or handle mammals; and keep animals separate from other individuals as far as possible.

Persons acting under this licence should follow good hygiene practices, including wearing of disposable gloves, or clean and disinfected non-disposable gloves; wearing a face covering when handling and in close proximity to any mammal; and washing hands before and after close proximity or handling of any mammal. Face coverings, non-disposable gloves and overalls or other clothing should be washed / disinfected between uses when handling mammals.

You should not carry out activities under this licence if you feel unwell, test positive for COVID-19 or live with someone who has or might have COVID-19.

Any products used to clean and disinfect equipment should be safe for use where there could be contact with animals and used at an effective and safe dilution rate. ‘Safe4’ is considered to be an appropriate disinfectant for this purpose and is considered effective against the virus at a dilution of 1:50. Other products can be used to clean and disinfect equipment.

Important

This licence authorises acts that would otherwise be offences under the legislation referred to above. Failure to comply with its terms and conditions:

i. may be an offence against the Habitats Regulations or the 1981 Act or mean that the licence cannot be relied upon and an offence could therefore be committed. The maximum penalty available for an offence under the Habitats Regulations and 1981 Act is, at the time of the issue of this licence, an unlimited fine and/or a six month custodial sentence

ii. may result in your permission to use this licence being withdrawn. Natural England will inform any person or organisation whose permission to use this licence is withdrawn in writing. This sanction may be applied to other similar licences, and

iii. may mean that you are not able to rely on this licence as a defence in respect to the prohibitions within the Animal Welfare Act 2006 or the Wild Mammals (Protection) Act 1996. Breaching a condition of a licence issued under the 1981 Act is not in itself an offence but doing so may mean that the licence cannot be relied upon and an offence could therefore be committed.

If the activity that you wish to undertake is not covered by this licence, or if you are unable to comply with any of the terms and conditions which apply to the use of this licence, then you will need to apply to Natural England for an individual licence.

This licence is not a consent for the purposes of Part II of the Wildlife and Countryside Act 1981 (as amended) in respect of Sites of Special Scientific Interest (SSSIs). It is your responsibility to get consent or assent if required before this licence can be used on any SSSI See Information and Advice notes (za - zc) for further information.

Issued by and on behalf of Natural England on 1 January 2024.

Information and advice specific to this licence

a. Efforts to remove an otter from a fenced fishery should be initiated as soon as possible after the presence of an otter is confirmed.

b. Where it is known that an otter has been in a fishery for some time, a survey of the fishery should be undertaken by a suitably qualified and experienced person to determine whether or not cubs are present and, if so, whether or not they are dependent on a natal holt.

c. Use of a one-way or gate or tunnel out of the enclosed area should be considered before, instead of, or in addition to, live trapping; for example, consider installing a one-way gate at an identified point of entry or breach through or under a fence.

d. See a list of certified trap models and approved self-build trap designs for Badgers, beavers, otters, pine martens and stoats. When setting the trap, it is recommended that wood is attached to the trap floor to make the treadle (if used) at the same level as the floor and easier to walk on, while ensuring that this does not interfere with the door release mechanism. The trap should be covered in order to make it dark inside, with a viewing port. Fresh otter spraints are recommended as a lure rather than fish or other foodstuff. The trap should not be baited until it is set to trap.

e. The use of a camera(s) to monitor use of the traps is recommended.

f. Where mobile or WiFi signals permit, a remote monitoring device should be used with the trap to notify the Registered Person when the trap door(s) is closed. The trap must be checked as soon as reasonably practicable after notification of activation (see Condition 5) and the animal released or dealt with in accordance with Conditions 19-26.

g. The Registered Person should ensure that either they or a third party (such as a Level 1 Assistant) are able to humanely dispatch any trapped animal that must not be released, for example North American mink (see Condition 26), as soon as possible after it has been trapped.

h. Persons acting under this licence should take account of best practice guidance and factors, such as local climate and prevailing weather conditions, which may influence the optimum time for trapping animals.

i. Before commencing work, the presence of other protected species and their relevance to the proposed licensed activities should be considered, specifically: all wild birds and some wild animals, for example, water voles, white-clawed crayfish and certain reptiles, are protected under the 1981 Act and European protected species, such as dormice, bats and great crested newts, are protected under the Habitats Regulations.

j. Traps may be visually checked by an unlicensed person who can report the outcome of the check to the Registered Person or a Level 1 Assistant. Only the Registered Person or Level 2 Assistants directly supervised by a Registered Person may set or handle the trap and any animal caught within it. Level 1 Assistants may reset a trap previously set by a Registered Person and handle or release (see Condition 26) any non-target animals caught in traps.

k. Instructions as to how a particular type and make of certified trap should be set, operated safely and maintained must be provided by the trap’s manufacturer or, with the manufacturer’s authorisation, supplier.

l. If manufactured after 28 March 2019, a certified trap must be identified by means of a permanent marking as being of a certified type and make.

Biosecurity

m. Users of this licence should consider the risks of activities to biosecurity and take relevant precautions when visiting sites with freshwater to avoid the spread of amphibian and fish diseases, as well as non-native invasive species. There is specific biosecurity guidance for different water users on the Non-Native Species Secretariat check, clean, dry pages.

Non-native species

n. Under section 14 of the 1981 Act it is an offence to release into the wild any animal included in Schedule 9 of the 1981 Act. Any animals of species listed on Schedule 9 accidentally caught by licensed trapping should be treated as follows:

Species listed in Part 1 must not be released or allowed to escape into the wild. It is preferable that these animals are killed in a quick and humane manner as soon as reasonably practicable after discovery. These animals may only be released under an individual licence obtained from Natural England. Species listed in Part 1A (which are native to Great Britain) must be released immediately upon discovery. This is permitted under general licence WML- GL22. Species listed in Part 1B (which are former native species) may be released immediately upon discovery at the point of capture (this is permitted by general licence WML- GL22), killed humanely or kept in captivity. These animals may only be released at another location under an individual licence obtained from Natural England.

o. If you catch a species listed as an invasive non-native (alien) animal you must not release it. You must quickly and humanely dispatch it, or give it to a premises licensed to keep it. For a list of licensed premises contact Natural England: invasive-alien-species-licence@naturalengland.org.uk.

Registering to use this licence

p. Only Registered Persons, Level 1 Assistants, or Level 2 Assistants directly supervised by a Registered Person, may act under this licence. Anyone seeking to become a Registered Person must apply to Natural England by email or post (contact details below). Applications require supporting evidence confirming appropriate knowledge and experience of the species covered by this licence and the management techniques permitted (for example, attendance at a training course for otter trapping that is approved by Natural England).

q. Once registered, a person is entitled to use this licence so long as they satisfy the licence’s terms and conditions; annual re-registration is not required. Failure to comply with the terms and conditions, including the recording and reporting requirements, will by default, render registration null and void. The annual reporting process is used to verify a person’s desire to remain registered.

r. It is the responsibility of Registered Persons to maintain their expertise at an appropriate level to act under this licence and it is also their responsibility to ensure that Level 1 and Level 2 Assistants have appropriate training, experience and instruction, including mitigation measures commonly employed, to act under this licence.

s. Anyone seeking to confirm whether a person is registered to use this licence should contact Natural England Wildlife Licensing (contact details below). We hold a list of the persons registered and we will provide the list on request. The information we will release will include name, company, contact details (email address and / or telephone number) and the areas of England they operate in.

t. A person’s registration may be revoked by Natural England; for example, if that person breaches the conditions of this licence. In these circumstances Natural England will normally give 28 days’ notice of our intention to revoke a person’s registration.

Information and advice for all class and general licences

General information

u. Safe4’ is considered to be an appropriate disinfectant for equipment where there could be contact with animals. This product is considered effective against the virus that causes COVID-19 at a dilution of 1:50.

v. Natural England checks compliance with licences and the attached conditions. Where breaches are identified, these may be subject to enforcement action.

w. Ordinarily, licences will be reissued on 1 January each year - you do not need to re-register for those with registration requirements. Please note, however, that they can be modified or revoked at any time by Natural England or the Secretary of State, but this will not be done unless there are good reasons for doing so. You are advised to check the terms and conditions of a licence prior to your first use of it each year in case of amendments.

The limits of licences

x. Licences permit action only for the purposes specified on that licence.

y. Licences do not permit actions prohibited under any other legislation, nor do they confer any right of entry upon land.

z. Unless otherwise stated the provisions of Natural England licences only apply landward of the mean low water mark in England. The Marine Management Organisation is responsible for all licensing seaward of the mean low water mark.

Protected sites

za. You can search for and view details about all SSSIs by using Natural England’s Designated Sites system. The notification documents for each SSSI contain a list of operations that require Natural England’s prior consent. Owners and occupiers of land notified as SSSIs are required to give written notice to Natural England before either beginning any of these operations, or allowing someone else to carry out those operations. SSSI consent can only be given to a SSSI owner or occupier. It may be given with or without conditions, or in some cases, consent may not be granted. A similar process applies to public bodies and statutory undertakers (as defined under Section 28G of the Wildlife and Countryside Act 1981 (as amended)) and this obligation applies even where the operations are carried out on land outside of the SSSI.

zb. Please note that as the licensee you will not be able to undertake the licensed activity on a SSSI until the owner or occupier of the SSSI has applied for, and received, Natural England’s written SSSI consent. If you do so, you may be at risk of committing an offence. As the licensee, if you wish to exercise this licence on a SSSI you must contact the relevant owners or occupiers of the SSSI and ensure they give written notice to Natural England of their proposal to permit you to carry out licensed activity on their SSSI. You should wait until a SSSI consent decision has been received by the SSSI owner/occupier before you begin to exercise this licence on a SSSI. See Gov.uk for further information on how to get SSSI consent from Natural England.

zc. In considering whether to issue consent or assent for activities likely to affect a SSSI that is a European site, in other words a Special Protection Area (SPA) or Special Area of Conservation (SAC), Natural England will carry out a Habitats Regulations Assessment, as required by the Conservation of Habitats and Species Regulations 2017 (as amended) to ensure there will be no adverse effects on the European site.

Using and sharing your information

There is significant public interest in wildlife licensing and in those who benefit from receiving a wildlife licence. We may make information publicly available, for more information, please see our privacy notice.

Contact Natural England for licensing enquiries

Telephone: 020 802 61089

Email: wildlife@naturalengland.org.uk

Wildlife Licensing, Operations Delivery
Natural England
Horizon House
Deanery Road
Bristol
BS1 5AH

For other enquiries use the Enquiry Service.

Telephone: 0300 060 3900

Email: enquiries@naturalengland.org.uk

Annex A - recording and reporting requirements

Records and Reporting

Registered Persons are required to satisfy the following reporting requirement: The Registered Person must maintain a record of the following information for all activities undertaken using this licence. 1. Maintaining registration. To maintain your registration you are required to complete a report of action taken under the licence (WML-LR-CL36) each time the licence is used (see Licence Condition 29), including any licensed activities carried out by Level 1 and / or Level 2. Assistants. The report of action taken (WML-LR-CL36) will ask you to confirm:

• for each location where the licence has been used:
  • location (fishery name, county, post code and 6-figure (minimum) Ordnance Survey grid references)
  • details of otters present in the fishery
  • details of trapping undertaken
• whether you wish to continue to be registered. If no action is taken under the licence an email stating ‘no action taken’ must be sent to Natural England Wildlife Licensing by 31 January, and confirming that you wish to continue to be registered.

Annex B – otter fencing specification

The objective of otter fencing is to provide a robust, physical barrier that the otter can neither climb over nor pass through or under. Otters can pass through gaps of 100 mm and an adult otter can easily stretch up to a height of one metre and can climb well.

Guidance is provided below on the specification of fence required to prevent otters from gaining access to a fishery. Please also see the guidance on fencing provided in ‘Otters and Stillwater Fisheries’1 Fences must be regularly inspected and maintained, including clearance of overhanging and nearby vegetation.

Non-electrified fence

• The fence should be constructed of material that otters cannot easily bite through, such as a mesh of at least 1.1 mm diameter.
• It should be at least 1800mm high if there is no overhang at the top or at least 1200mm if there is a 600mm overhang towards the outside.
• If possible it should be buried 300mm into the ground. At the bottom of the fence on the outside there should be a ‘skirt’ of at least 900mm of a suitably robust but flexible netting that is securely pinned on the ground. Grass should be allowed to grow up through the netting to help secure it to the ground.
• Fence posts should be tanalised wood or metal with straining posts of 15mm diameter at appropriate distances to support the fence around all angles. All posts must be inside the mesh of the fence.
• The outside of any gates must be covered in sheet metal (such as galvanised tin) or the same wire as the fence (and to the same height). The covering must extend to just above the ground and over any hinges or gaps that the otter could use to climb or squeeze through. Gates should be set over a hard-standing or material that cannot be dug.
• Additional protection can be provided by including an electric ‘scare wire’ attached to the fence posts and positioned so that the otter will touch it and receive a shock if it tries to climb the fence.
• This should be positioned 50mm below the top of the fence and offset no more than 50mm out from the fence line.
• A second electric wire may be a useful deterrent in the absence of an overhang. It should be positioned at least 300mm from the ground and if possible 150mm in front of the fencing mesh.

Electrified fence

• Minimum requirement is 1.5 Joule energiser with a fast pulse rate.
• It is essential that vegetation is kept clear of the fence as this will short it.
• The fence must be live as soon as it is erected to prevent otters from learning that they can cross it.
• Electric netting must be at least 700mm high.
• Electric wire fencing usually comprises at least three parallel strands 70mm, 140mm and 210mm from the ground. Four strand fences at 100mm, 150mm, 200mm and 300mm above ground are also used. The wires must be prevented from touching each other.
• The wires must be tensioned by a reel post placed at the end of the fence and held by adjustable plastic insulators on metal stakes. Anchor posts should be used for bends and corners.
• The stakes should be spaced no more than 10 m apart; they may need to be closer to cope with undulations in the ground.

Annex C: Notification of intention to trap (capture) and remove an otter from a fenced fishery

Before you intend to carry out any activity under this licence, you must complete Annex C (WML-CL36) and email it to: wildlife@naturalengland.org.uk.

WML-CL36 [version January 2024]