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except in accordance with regulations prescribed by the Secretary of the Interior. This act encompasses whole birds, parts of birds, and bird nests and eggs. 3.2.3 Birds of Prey Birds of prey are also protected in California under provisions of the State Fish and Game Code, Section 3503.5, which states that it is "unlawful to take, possess, or destroy any birds in the order Falconiformes or Strigiformes (birds of prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto." Construction disturbance during the breeding season could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment. Disturbance that causes nest abandonment and/or loss of reproductive effort is considered "taking" by the CDFG. 3.2.4 Wetlands and Other Jurisdictional Waters Natural drainage channels and adjacent wetlands may be considered "Waters of the United States" (herea$er refened to as "jurisdictional waters") subject to the jurisdiction of the U.S. Army Corps of Engineers (USAGE). The extent of jurisdiction has been defined in the Code of Federal Regulations but has also been subject to interpretation of the federal courts. Jurisdictional waters generally include: • All waters which aze currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; • All interstate waters including interstate wetlands: • All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce; • All impoundments of waters otherwise defined as waters of the United States under the definition; • Tributaries ofwaters identified in pazagraphs (a)(1)-(4) (i.e. the bulleted items above). As recently determined by the United States Supreme Court in Solid Waste Agency of Northern Cook County v. U. S. Army Corps of Engineers (the SWANCC decision), channels and wetlands isolated from other jurisdictional waters cannot be considered jurisdictional on the basis of their use, hypothetical or observed, by migratory birds. Ironwood 55+ Biotic Evaluation Live Oak Associates, /nc.