Endangered Species Act Section 9 review
This prepared complaint letter identifies the responsible public authorities, controlling official sources, evidence limits, and the factual questions that require agency review.
The draft requests investigation and documentary findings. It does not assert that every cited legal element or violation has already been proven.
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CalendarAlbuquerque Metropolitan Arroyo Flood Control Authority board meeting · Thursday, September 24 at 9:00 a.m.KOB 4AMAFCA finishes maintenance work at retention basin home to animalsAudubon SouthwestExtended Drying of The Rio Grande Affects BosqueDead beaver found near Paseo and CoorsABQ JournalCity workers remove dozens of animals from trash catch amid AMAFCA maintenance
CalendarAlbuquerque Metropolitan Arroyo Flood Control Authority board meeting · Thursday, September 24 at 9:00 a.m.KOB 4AMAFCA finishes maintenance work at retention basin home to animalsAudubon SouthwestExtended Drying of The Rio Grande Affects BosqueDead beaver found near Paseo and CoorsABQ JournalCity workers remove dozens of animals from trash catch amid AMAFCA maintenance
Back to all lettersComplaint letter
Request for listed-species take review — Endangered Species Act §9
Potential violation: injuring, killing, capturing, or otherwise taking a federally listed species, if one is present and the legal elements are established. Law: 16 U.S.C. §1538. A beaver’s presence alone does not establish an Endangered Species Act violation.
Subject
Formal request: investigate potential Endangered Species Act §9 wildlife take
Prepared for United States Fish and Wildlife Service; New Mexico Department of Game and Fish; Wildlife Rescue Incorporated of New Mexico; Office of the Mayor — City of Albuquerque
Dear United States Fish and Wildlife Service; New Mexico Department of Game and Fish; Wildlife Rescue Incorporated of New Mexico; Office of the Mayor — City of Albuquerque, I am a resident and member of the public requesting a prompt, documented investigation and coordinated response concerning the drainage or retention area near 6440 Coors Boulevard Northwest, directly east of Sagebrush Church–Riverside Campus, Albuquerque, New Mexico 87120. POTENTIAL LEGAL ISSUE AND REQUIRED CAVEAT Request for listed-species take review — Endangered Species Act §9 Potential violation: injuring, killing, capturing, or otherwise taking a federally listed species, if one is present and the legal elements are established. Law: 16 U.S.C. §1538. A beaver’s presence alone does not establish an Endangered Species Act violation. FULL LEGAL CITATION AND ELEMENTS TO REVIEW Review Endangered Species Act §9, 16 U.S.C. §1538, 50 C.F.R. Part 17, and the listing and species-specific rules in force for any identified animal. Establish first whether a listed species was present or affected, then whether the conduct constituted prohibited take under the applicable definition, listing rule, §4(d) rule, permit, or exception. A beaver’s presence alone does not establish an Endangered Species Act violation. OFFICIAL CONTROLLING SOURCES 1. 16 U.S.C. §1538 — complete statutory text https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1538&num=0&edition=prelim 2. 50 C.F.R. Part 17 — current listed-species and take regulations https://www.ecfr.gov/current/title-50/chapter-I/subchapter-B/part-17 ISSUE-SPECIFIC EVIDENCE STATUS CURRENT FACTUAL BASELINE (reviewed August 29, 2026) Albuquerque Metropolitan Arroyo Flood Control Authority identifies the site as the Albuquerque Metropolitan Arroyo Flood Control Authority-owned La Orilla Outlet Water Quality Structure. Albuquerque Metropolitan Arroyo Flood Control Authority authorized the on-site work at the La Orilla Outlet Water Quality Structure; that agency authorization does not by itself establish that every required permit or regulatory approval was satisfied. Albuquerque Metropolitan Arroyo Flood Control Authority reported that approximately 8–10 turtles, primarily red-eared sliders, and several bullfrogs had been captured or relocated as of August 26, 2026; wildlife professionals were involved, work was paused after wildlife concerns, relocation was not complete, and no dead or injured wildlife had been found at that point. The supplied photograph directly depicts one beaver, and witness material records direct observation of at least two beavers and one beaver den; Albuquerque Metropolitan Arroyo Flood Control Authority stated that it had not independently confirmed the beaver observation as of its August 26, 2026 public statement. A supplied photograph depicts an animal appearing to be a deceased beaver beside a roadway. In a public Facebook post, Brittany Walters says Jenn Wilson photographed the animal near Paseo and Coors and identifies it as the same beaver the community had been trying to save based on matching tail notches; the identity and the cause, timing, and circumstances of death have not been independently verified. Supplied text-message screenshots report more than 40 turtles identified in the account as snapping, western painted, red-eared slider, and spiny softshell turtles, plus one unidentified snake, many bullfrogs, and a possible alligator; the counts and species identifications require qualified official verification. Historical federal scientific records document Rio Grande silvery minnows at a La Orilla Middle Rio Grande study location; that historical evidence does not establish that silvery minnows were present inside the specific Albuquerque Metropolitan Arroyo Flood Control Authority La Orilla Outlet Water Quality Structure during the August 2026 operation. Albuquerque Metropolitan Arroyo Flood Control Authority stated that water was pumped downstream along the structure’s normal drainage path toward the Rio Grande and that water-quality samples were collected; laboratory results were pending at the time of its August 26, 2026 statement. Albuquerque Metropolitan Arroyo Flood Control Authority stated that permanent drainage modifications were under consideration. The reviewed public record does not establish the full permit history, precise regulatory jurisdiction, specific discharge authorization, detailed laboratory results, all relocation destinations, complete injury or mortality records, or final permanent-design effects. The supplied photograph directly depicts one beaver, and witness material records direct observation of at least two beavers and one beaver den; Albuquerque Metropolitan Arroyo Flood Control Authority stated that it had not independently confirmed the beaver observation as of its August 26, 2026 public statement. Albuquerque Metropolitan Arroyo Flood Control Authority reported that approximately 8–10 turtles, primarily red-eared sliders, and several bullfrogs had been captured or relocated as of August 26, 2026; wildlife professionals were involved, work was paused after wildlife concerns, relocation was not complete, and no dead or injured wildlife had been found at that point. Supplied text-message screenshots report more than 40 turtles identified in the account as snapping, western painted, red-eared slider, and spiny softshell turtles, plus one unidentified snake, many bullfrogs, and a possible alligator; the counts and species identifications require qualified official verification. The reviewed public record does not establish the full permit history, precise regulatory jurisdiction, specific discharge authorization, detailed laboratory results, all relocation destinations, complete injury or mortality records, or final permanent-design effects. ISSUE-SPECIFIC RECORDS AND FACTUAL QUESTIONS Conduct a species- and individual-level inventory of fish, birds, reptiles, amphibians, eggs, young, and other organisms; document injury, death, displacement, capture, handling, and habitat effects; and identify permits, biological opinions, and reasonable-and-prudent measures. WHY PROMPT ACTION IS WARRANTED Further filling, pumping, dewatering, grading, vegetation removal, cleanup, or animal handling could alter site conditions, make water-quality or wildlife effects harder to detect, destroy evidence, and foreclose less damaging corrective options. The available record warrants inspection and preservation now even though jurisdiction, permit status, causation, species, injury, and the elements of any violation remain to be established. COORDINATED REQUEST BY RECIPIENT ROLE United States Fish and Wildlife Service — Primary enforcement or regulator Refer possible take to the United States Fish and Wildlife Service, protect remaining animals and habitat, preserve specimens and evidence, and determine whether authorization, rescue, or enforcement is required. New Mexico Department of Game and Fish — Primary enforcement or regulator Refer possible take to the United States Fish and Wildlife Service, protect remaining animals and habitat, preserve specimens and evidence, and determine whether authorization, rescue, or enforcement is required. Wildlife Rescue Incorporated of New Mexico — Wildlife-care referral Wildlife Rescue Incorporated of New Mexico can advise on humane care and accountable handling. Please advise on humane wildlife-care triage, qualified handlers, chain of custody, veterinary assessment, approved destinations, and monitoring. This is a technical, legal-information, conservation, or animal-care request—not a request for statutory enforcement by the organization. Office of the Mayor — City of Albuquerque — Oversight or elected official Please coordinate a written response from the public agencies with possible authority, request the status of permits and documented wildlife or water-quality protections, and identify the office responsible for the next update. This is an oversight or constituent-assistance request—not a request for your office to conduct enforcement. RECORDS AND EVIDENCE PRESERVATION Preserve records from January 1, 2026 through the present, including native electronic files and available metadata. The request covers engineering and hydrology analyses; ownership, easement, and as-built records; contracts, bids, invoices, work orders, schedules, and contractor instructions; permit applications, jurisdictional determinations, exemption claims, notices of intent, pollution-prevention plans, inspections, sampling, discharge and dewatering records; wildlife surveys, capture and relocation records, veterinary or mortality records, destination approvals, and chain of custody; alternatives, mitigation, restoration, and long-term maintenance analyses; photographs, drone imagery, video, geographic data, complaints, public statements, and internal, contractor, and interagency communications. Please suspend routine deletion, preserve originals, produce records electronically on a rolling basis, identify withheld categories and the legal basis, give advance notice before fees exceed $25, and forward this request to the proper custodian if your office does not hold a record. CONTACT INFORMATION AND DELIVERY PATHS United States Fish and Wildlife Service — New Mexico Ecological Services Role: Primary enforcement or regulator What this recipient can do: Review listed species and critical habitat and coordinate consultation when a federal action exists. Email: nmesfo@fws.gov Phone: 505-230-3837 Mailing address: 2105 Osuna Road NE Albuquerque, NM 87113-1001 New Mexico Department of Game and Fish — Wildlife Role: Primary enforcement or regulator What this recipient can do: Identify species, review wildlife handling and relocation authority, and refer or enforce under state law. Email: ispa@dgf.nm.gov Phone: 505-476-8000 Mailing address: 1 Wildlife Way Santa Fe, NM 87507 Wildlife Rescue Incorporated of New Mexico Role: Wildlife-care referral What this recipient can do: Advise on triage and qualified care, then refer urgent matters to public authorities. Email: info@wildliferescuenm.org Phone: 505-344-2500 Office of the Mayor — City of Albuquerque — Mayor Tim Keller Role: Oversight or elected official What this recipient can do: Coordinate City departments, request records, and provide an accountable public response; not enforcement by the Mayor’s Office. Phone: 505-768-3000 Official web form: https://www.cabq.gov/mayor/contact-us/email-the-mayor SUPPORTING RECORD ORIGINAL SOURCE Facebook post documenting the reported conditions: https://www.facebook.com/100068501006128/posts/pfbid02duMr7XFMQ6pFVAXeDzamX9QgrrFpnfgyJapV1ioL3fddTNKUcvXybWNxtL3CVMANl/?mibextid=wwXIfr Legal memorandum and photo descriptions: https://laorilla.org/La_Orilla_Legal_Complaint_2026-08-26_v1.pdf Please acknowledge receipt, provide a tracking number or referral contact, identify the deciding agency, and explain the findings, evidence reviewed, protective measures, corrective or enforcement action, unresolved questions, and schedule for the next public update. LEGAL DISCLAIMER AND LIMITS The reported capture and removal of wildlife, together with the absence of an identified completed pre-work species or habitat survey in the public record, do not by themselves prove that the cited authority applies, that any animal was injured or died, or that a violation or crime occurred. The report's accuracy, permit status, and legal significance require official verification and determination. This letter requests investigation, preservation, and role-appropriate assistance. The responsible authorities must establish each factual, jurisdictional, causation, intent, permit, and exception element. Respectfully, [Your name] [City], [State] [ZIP] [Your email]