April 2016 - Parks & Recreation - 35

been three reported, non-lethal attacks on people by mountain goats at
other national parks, none of which
were known to officials at Olympic.
Normally, mountain goats are
reclusive animals, but the goats at
Olympic frequently seek out areas
visited by humans because of the salt
humans leave behind. After repeated
exposure to humans, goats can become habituated to their presence,
which entails the loss of the mountain goat's fear response. Around
2004, when the goat population at
Olympic was near 300, officials at
the park began receiving reports that
some goats were becoming habituated. By 2006, goats began displaying
aggressive behavior, such as standing their ground, following or chasing humans, pawing the ground and
rearing up.
Park officials decided to investigate
the situation personally. They hiked
the trails and observed the mountain
goats demonstrating progressively habituated and sometimes aggressive behavior. Officials placed collars on the
goats with Global Positioning System
devices in order to track their movements and to collect further data.
Based on these observations, the
park began warning visitors about
the goats' behavior. Visitors were
given verbal warnings and warning
signs were posted on trails. Officials
began employing aversive conditioning techniques, such as shooting the
goats with paint balls and bean-bags,
in order to change the goats' behavior. Officials focused their efforts on a
few areas, including Klahhane Ridge.
Nonetheless, officials continued to receive reports in 2009 and 2010 about
a large male goat chasing visitors and
displaying other signs of aggression.
Officials began discussing other management options for the problematic

goat, but, as stated by Park Ranger Sanny Lustig, the solution " was not clearcut. " Sometime before July 30, 2010,
Olympic Superintendent Karen Gustin,
Wildlife Branch Chief Dr. Patti Happe
and Lustig met to discuss management
options for the goat. They coordinated
their reporting and hazing efforts and
decided to intensify the aversive conditioning. Happe was to investigate the
possibility of relocating the goat.

wound. Within hours of the attack,
park officials found and destroyed a
370-pound male goat with blood on
its horns.
Plaintiff Chadd, on her own behalf
and as representative of Boardman's
estate, filed suit against the United
States and the National Park Service
under FTCA, alleging that park officials breached their duty of reasonable care by failing to destroy the goat

Park officials decided to investigate the situation
personally. They hiked the trails and observed
the mountain goats demonstrating progressively
habituated and sometimes aggressive behavior.
On July 30, she emailed Washington State Department of Fish and
Wildlife biologist Dr. Donny Martorello to ask whether they " had an
option for translocation. " She described the goat and stated that it was
" not responding to [their] efforts to
have him keep . . . a greater distance
from people. " Happe wrote that, because the goat had been " increasingly
aggressive, " Olympic wished to " explore other management options for
[the goat], including relocation from
the area. "
During the next two months, there
were continued reports of goats pawing the ground, preventing hikers
from passing and acting aggressively.
On October 16, 2010, Robert Boardman and his wife, Susan Chadd,
were hiking on the Switchback trail
to Klahhane Ridge with a friend,
Pat Willits, when a large male goat
attacked Boardman, goring his leg
with its horns and severing his femoral artery. Boardman died of his

in the years leading up to Boardman's
death. The federal district court dismissed the suit and Chadd appealed.
Discretionary Function Immunity
As noted by the federal appeals
court, " the United States has waived
its sovereign immunity with regard
to tort liability under the [FTCA] under circumstances where the United
States, if a private person, would be
liable to the claimant in accordance
with the law of the place where the
act or omission occurred. " 28 U.S.C.
§ 1346(b)(1). However, under the
FTCA " discretionary function exception, " the court acknowledged the
United States retains " sovereign immunity for any claim based upon the
exercise or performance or the failure
to exercise or perform a discretionary function or duty on the part of
a federal agency or an employee of
the government, whether or not the
discretion involved be abused. " 28
U.S.C. § 2680(a).

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April 2016 - Parks & Recreation

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