What the law says across Europe
This point is consistently absent from English-language guides, yet it is decisive. Throughout western Europe, the grey heron is a protected species: a private individual may not kill it, capture it, trap it, destroy its nest, or deliberately disturb it. In France, the current legal basis is the Order of 29 October 2009, supplemented at European level by the Birds Directive 2009/147/EC and Annex III of the Berne Convention. The otter falls under the Order of 23 April 2007 and the Habitats Directive; the grass snake and native amphibians fall under the Order of 19 November 2007.
Differences between countries concern derogation arrangements, never the underlying principle. Belgium grants full protection to all wild European birds in Wallonia. Switzerland, which is not an EU member, protects the heron under its federal hunting law. Germany and the Netherlands have transposed the Birds Directive into their national legislation, with management largely delegated to the Länder on the German side. The United Kingdom has retained, since Brexit, the protection established by the Wildlife and Countryside Act 1981. In every case, any derogations that exist are aimed at commercial fish farms that can demonstrate serious damage.
The practical consequence is clear. Only passive deterrence is lawful: nets, grilles, wires, low-voltage electric fencing, scarers, and pond design. A poorly tensioned net, or one with an inappropriate mesh size, capable of catching a protected bird, could expose you to a charge of destruction or mutilation. Rigorous installation is therefore not merely a matter of effectiveness.
The European framework is shared; its implementation is not. The Birds Directive and the Habitats Directive cover the entire Union, and the Berne Convention extends beyond it. The grey heron, the otter, grass snakes, and amphibians are therefore protected across all our markets. However, the implementing texts, the list of available derogations, and the authority that grants them vary from country to country, and the French references cited above cannot simply be transposed elsewhere.
The conclusion is straightforward. Do not trap, capture, or forcibly remove a protected animal without first checking the rules applicable in your country with your local wildlife authority. The exclusion methods described in this guide — tensioned netting, wire, grilles, and surface covers — remain lawful everywhere because they do not come into contact with the animal: these are the methods to prioritise, and they are in any case the most effective.