Tr'ondëk Hwëch'in First Nation Final Agreement

Tr'ondëk Hwëch'in Index
Traditional Territories Index

CHAPTER 10 - SPECIAL MANAGEMENT AREAS

Table of Contents

10.1.0 Objective
10.2.0 Definitions
10.3.0 Establishment of Special Management Areas
10.4.0 Rights and Interests of Yukon First Nations
10.5.0 Management of Future Special Management Areas
10.6.0 Relationship to the Land Use Planning and Development Assessment Processes
10.7.0 Fish and Wildlife Management

Schedule A - Tombstone Territorial Park
1.0 Objectives
2.0 Definitions
3.0 Establishment
4.0 Steering Committee
5.0 Boundary Review
6.0 Management Plan
7.0 Approval and Review of the Management Plan
8.0 Fish and Wildlife
9.0 Forest Resources
10.0 Economic Opportunities
11.0 Heritage
12.0 Implementation and Review
13.0 Development Assessment and Land Use Planning

10.1.0 Objective

10.1.1 The objective of this chapter is to maintain important features of the Yukon's natural or cultural environment for the benefit of Yukon residents and all Canadians while respecting the rights of Yukon Indian People and Yukon First Nations.

10.2.0 Definitions

In this chapter, the following definition shall apply.

"Special Management Area" means an area identified and established within a Traditional Territory pursuant to this chapter and may include:

(a) national wildlife areas;

(b) National Parks, territorial parks, or national park reserves, and extensions thereof, and national historic sites;

(c) special Wildlife or Fish management areas;

(d) migratory bird sanctuaries or a game sanctuary;

(e) Designated Heritage Sites;

(f) watershed protection areas; and

(g) such other areas as a Yukon First Nation and Government agree from time to time.

10.3.0 Establishment of Special Management Areas

10.3.1 Provisions in respect of an existing Special Management Area may be set out in a Yukon First Nation Final Agreement.

10.3.2 Special Management Areas may be established in accordance with the terms of this chapter pursuant to a Yukon First Nation Final Agreement or pursuant to Laws of General Application.

10.3.3 Except as provided in a Yukon First Nation Final Agreement, where Government proposes to establish a Special Management Area, Government shall refer the proposal to the affected Renewable Resources Council for its review and recommendations.

10.3.4 Government may refer proposals to establish historic territorial parks, national historic sites administered by the Canadian Parks Service or to designate Heritage Sites as Designated Heritage Sites to the Heritage Resources Board established pursuant to 13.5.0 instead of the affected Renewable Resources Council for its review and recommendations.

10.3.5 A Special Management Area may not include Settlement Land without the consent of the affected Yukon First Nation.

10.4.0 Rights and Interests of Yukon First Nations

10.4.1 Where a Special Management Area is proposed to be established which will adversely affect rights of a Yukon First Nation under a Settlement Agreement, Government and the affected Yukon First Nation shall, at the request of either party, negotiate an agreement to:

10.4.1.1 establish any rights, interests and benefits of the affected Yukon First Nation in the establishment, use, planning, management and administration of the Special Management Area; and

10.4.1.2 mitigate adverse effects of the establishment of the Special Management Area on the affected Yukon First Nation.

10.4.2 Agreements negotiated pursuant to 10.4.1:

10.4.2.1 shall address the rights Yukon Indian People have for Harvesting Fish and Wildlife within the Special Management Area;

10.4.2.2 may address the economic and employment opportunities and benefits for the affected Yukon First Nation;

10.4.2.3 may address whether, and on what terms, including provisions on management, Settlement Land may be included in the Special Management Area; and

10.4.2.4 may include such other provisions as Government and the affected Yukon First Nation may agree.

10.4.3 Where Government and the affected Yukon First Nation do not agree on the terms of an agreement pursuant to 10.4.1, the parties may refer the outstanding issues to the dispute resolution process under 26.4.0.

10.4.4 Where mediation under 10.4.3 does not result in agreement, the Government may establish the Special Management Area.

10.4.5 Notwithstanding 6.2.3.2, access by a Yukon Indian Person to a Special Management Area established pursuant to 10.4.4 for Harvesting Fish or Wildlife pursuant to a Settlement Agreement may be limited or prohibited only for reasons of Conservation, public health or public safety.

10.4.6 Government and the affected Yukon First Nation may, at any time after the establishment of a Special Management Area pursuant to 10.4.4, negotiate an agreement pursuant to 10.4.1 in respect of that Special Management Area, in which case 10.4.5 shall no longer apply to that Special Management Area.

10.4.7 Nothing in this chapter shall be construed to derogate from any provision respecting National Parks in the Yukon First Nation Final Agreements for the Champagne & Aishihik First Nations, the Kluane First Nation, the White River First Nation or the Vuntut Gwitchin First Nation.

10.4.8 Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be amended according to the terms set out in that agreement.

10.4.9 Any agreement concluded between Government and the affected Yukon First Nation pursuant to 10.4.1 may be appended to and form part of that Yukon First Nation's Final Agreement if Government and the Yukon First Nation agree.

10.5.0 Management of Future Special Management Areas

10.5.1 Unless Government otherwise agrees, Government shall be the management authority for Special Management Areas on Non-Settlement Land.

10.5.2 Government shall prepare, or have prepared, a management plan for each Special Management Area established pursuant to a Yukon First Nation Final Agreement after the Effective Date of that Yukon First Nation Final Agreement.

10.5.3 Government shall make best efforts to complete the management plan within five years of the establishment of the Special Management Area.

10.5.4 Government shall review each management plan at least once every ten years.

10.5.5 The management plan and any proposed amendments thereto shall be referred before approval to the relevant Renewable Resources Council or to the Yukon Heritage Resources Board, as the case may be, for its review and recommendations.

10.5.6 The provisions of 16.8.0 shall apply in respect of the implementation of any recommendations made pursuant to 10.5.5.

10.5.7 Should a management advisory body other than a body referred to in 10.5.5 be established by Government for the purpose of 10.3.3, 10.3.4 or 10.5.5, Yukon First Nation representation shall be 50 percent on any such body unless Government and the affected Yukon First Nation agree otherwise. Any such management advisory body shall have the responsibilities of a Renewable Resources Council or the Heritage Resources Board set out in this chapter.

10.5.8 Except as provided otherwise in this chapter, or in a Yukon First Nation Final Agreement, all National Parks and extensions, national park reserves and extensions and national historic parks and sites shall be planned, established and managed pursuant to the National Parks Act, R.S. 1985,c.N-14, other Legislation, the Canadian Parks Service policy and park management plans in effect from time to time.

10.5.9 Where a Special Management Area includes a National Park or its extension or national park reserve or its extension, exploration and development of non-renewable resources shall not be permitted, except in respect of the removal of sand, stone and gravel for construction purposes within the National Park or national park reserve.

10.5.10 Where a Special Management Area includes Yukon First Nation Burial Sites or places of religious and ceremonial significance to a Yukon First Nation, the management plan shall be consistent with the provisions of Chapter 13 - Heritage and shall provide for the protection and preservation of the sites or places.

10.6.0 Relationship to the Land Use Planning and Development Assessment Processes

10.6.1 Special Management Areas established after the effective date of Settlement Legislation shall be:

10.6.1.1 consistent with land use plans approved in accordance with Chapter 11 - Land Use Planning; and

10.6.1.2 subject to the provisions of Chapter 12 - Development Assessment.

10.7.0 Fish and Wildlife Management

10.7.1 Fish and Wildlife within Special Management Areas shall be managed in accordance with Chapter 16 - Fish and Wildlife.

SCHEDULE A - TOMBSTONE TERRITORIAL PARK

1.0 Objectives

1.1 The objectives of this schedule are:

1.1.1 to protect for all time a natural area of territorial significance which includes representative portions of the Mackenzie Mountains ecoregion, including the Ogilvie Mountains and Blackstone Uplands areas, and contains important physical and biological features as well as sites of archaeological, historical and cultural value, by the establishment of a territorial park under the Parks Act, R.S.Y. 1986, c. 126, to be known as the Tombstone Territorial Park (the "Park");

1.1.2 to recognize and protect the traditional and current use of the area by Tr'ondëk Huch'in in the development and management of the Park;

1.1.3 to recognize and honour Tr'ondëk Hwëch'in history and culture in the area through the establishment and operation of the Park;

1.1.4 to encourage public awareness, appreciation and enjoyment of the natural, historical and cultural resources of the Park in a manner that will ensure it is protected for the benefit of future generations;

1.1.5 to provide a process to develop a management plan for the Park;

1.1.6 to provide economic opportunities to the Tr'ondëk Hwëch'in in the development, operation and management of the Park in the manner set out in this schedule;

2.0 Definitions

In this schedule, the following definitions shall apply.

"Core Area" means that area identified as such on map "Tombstone Territorial Park, (TTP)", in Appendix B - Maps, which forms a separate volume to this Agreement, but not including:

(a) the lands described as Parcel S-26B/D, Parcel S-207B/D and Parcel S-208B/D in Appendix A - Settlement Land Descriptions to this Agreement, nor any land lying between those Parcels and the Major Highway known as the Dempster Highway; or

(b) Lot 1000, Quad 116 B/8, Plan 70864 CLSR, 95-124 LTO.

"Study Area 1" means that area identified as such on map "Tombstone Territorial Park, (TTP)", in Appendix B - Maps, which forms a separate volume to this Agreement.

"Study Area 2" means that area identified as such on map "Tombstone Territorial Park, (TTP)", in Appendix B - Maps, which forms a separate volume to this Agreement.

"Study Area" means both Study Area 1 and Study Area 2.

3.0 Establishment

3.1 Yukon shall establish the Core Area, and such portions of the Study Area as are decided pursuant to 5.0 to be included in the Park, as a natural environment park under the Parks Act, R.S.Y. 1986, c.126, in accordance with this schedule, as soon as practical following the determination of the boundaries of the Park pursuant to 5.0.

3.2 Canada shall transfer to the Commissioner of the Yukon the administration and control of Crown Land within the Park, excluding the mines and minerals and the right to work the mines and minerals, as soon as practical following the determination of the boundaries of the Park pursuant to 5.0.

3.3 Subject to 3.6, Canada shall prohibit entry on the Core Area and Study Area 1 for the purpose of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, withdraw the Core Area and Study Area 1 from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7, and prohibit the issuance of interests under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36 in the Core Area and Study Area 1 for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier.

3.3.1 Subject to 3.6, no one may carry out any activities related to the exploration or production of Oil and Gas in the Core Area and Study Area 1 for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier.

3.3.2 Subject to 3.6, no one may explore for coal or stake for coal in the Core Area or Study Area 1 for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier.

3.4 Canada shall notate on its Territorial Resource Base Maps and staking sheets Study Area 2 as "Tombstone Park Study Area" for 24 months from the Effective Date of this Agreement or until the boundaries of the Park are determined pursuant to 5.0, whichever is earlier.

3.5 Following determination of the boundaries of the Park pursuant to 5.0, and subject to 3.6, Canada shall prohibit entry on the Park for the purpose of locating, prospecting or mining under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3, withdraw the Park from the disposal of any interest pursuant to the Territorial Lands Act, R.S.C. 1985, c. T-7 and prohibit the issuance of interests under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36 in the Park.

3.5.1 Following determination of the boundaries of the Park pursuant to 5.0, and subject to 3.6, no one may carry out any activities related to the exploration or production of Oil and Gas in the Park.

3.5.2 Following determination of the boundaries of the Park pursuant to 5.0, and subject to 3.6, no one may explore for coal in the Park.

3.6 For greater certainty, the provisions of 3.3 and 3.5 shall not apply in respect of:

3.6.1 existing recorded mineral claims and leases under the Yukon Quartz Mining Act, R.S.C. 1985, c. Y-4 and existing recorded placer mining claims and leases to prospect under the Yukon Placer Mining Act, R.S.C. 1985, c. Y-3;

3.6.2 existing oil and gas interests under the Canadian Petroleum Resources Act, R.S.C. 1985 (2d Supp.), c. 36;

3.6.3 existing rights granted under section 8 of the Territorial Lands Act, R.S.C. 1985, c. T-7;

3.6.4 any successor or replacement rights and any new leases, licenses, permits or other rights which may be granted in respect of an interest described in 3.6.1, 3.6.2 or 3.6.3.

3.7 Designation as a natural environment park shall not be removed from any part of the Park except by the agreement of Government and the Tr'ondëk Hwëch'in.

4.0 Steering Committee

4.1 Government shall, as soon as practical and in any case no later than 90 days after the Effective Date of this Agreement, establish a steering committee (the "Steering Committee") to:

4.1.1 review the Study Area and make recommendations on whether to include within the boundaries of the Park any portion of the Study Area; and thereafter to

4.1.2 prepare a management plan (the "Management Plan") for the Park.

4.2 The Steering Committee shall be comprised of four members of whom two shall be nominated by Government and two shall be nominated by the Tr'ondëk Hwëch'in.

4.3 Prior to any appointments being made to the Steering Committee, the Minister and the Tr'ondëk Hwëch'in shall make reasonable efforts to reach consensus as to the individuals which each nominates to the Steering Committee.

4.4 In attempting to reach consensus under 4.3, the Minister and the Tr'ondëk Hwëch'in shall consider:

4.4.1 any prospective nominee's familiarity with and sensitivity to Tr'ondëk Hwëch'in culture and to the aspirations of the Tr'ondëk Hwëch'in relating to the Park;

4.4.2 any prospective nominee's familiarity with renewable resources issues in the Park, park planning and park management, however, a prospective nominee will not be disqualified only because that nominee is not familiar with park planning and park management issues;

4.4.3 the compatibility of proposed nominees; and

4.4.4 any other matters to which the Minister and the Tr'ondëk Hwëch'in agree.

4.5 If, after having made the reasonable efforts required by 4.3, the Minister and the Tr'ondëk Hwëch'in are unable to reach consensus, either may give written notice to the other setting out the names of the individuals whom it intends to nominate to the Steering Committee and 14 days thereafter may so nominate those individuals.

4.6 In conducting the review and preparing the Management Plan, the Steering Committee shall recognize that oral history is a valid and relevant form of research for establishing the historical significance of Heritage Sites and Moveable Heritage Resources in the Park directly related to the history of the Tr'ondëk Hwëch'in.

5.0 Boundary Review

5.1 In its review of the Study Area, the Steering Committee shall provide for a public consultation process which recognizes the territorial significance of the Park.

5.2 Identification of any portions of the Study Area to be recommended for inclusion in the Park shall be consistent with and guided by the objectives of this schedule.

5.3 The Steering Committee shall make best efforts to complete its review of the Study Area, and to provide its recommendations to Government and the Tr'ondëk Hwëch'in as to the boundaries of the Park, within 18 months of the Effective Date of this Agreement.

5.4 The Tr'ondëk Hwëch'in or Government may refer the recommendations of the Steering Committee to the Yukon Heritage Resources Board, the Yukon Fish and Wildlife Management Board and the Dawson District Renewable Resources Council for their review and recommendations.

5.5 Within 90 days of receipt of the Steering Committee's recommendations, Government and the Tr'ondëk Hwëch'in shall jointly review those recommendations and shall make reasonable attempts to reach consensus as to the boundaries of the Park.

5.6 If Government and the Tr'ondëk Hwëch'in are unable to reach consensus as to the boundaries of the Park, either may refer the matter to the dispute resolution process under 26.4.0.

5.7 If the matter referred to the dispute resolution process under 5.6 is not resolved, the Minister may accept, vary or set aside the recommendations of the Steering Committee under 5.3 and the decision of the Minister as to the boundaries of the Park shall be forwarded to the Tr'ondëk Hwëch'in and to Canada.

6.0 Management Plan

6.1 The Steering Committee shall make best efforts to recommend a Management Plan to Government and to the Tr'ondëk Hwëch'in within 18 months of the determination of the boundaries of the Park pursuant to 5.0.

6.2 The Management Plan shall be consistent with the objectives of this schedule.

6.3 In preparing the Management Plan, the Steering Committee shall provide for a public consultation process which recognizes the territorial significance of the Park.

6.4 The Management Plan shall address all matters pertaining to the management of the Park, including:

6.4.1 management and protection of Fish and Wildlife and their habitat in the Park;

6.4.2 management and protection of other renewable resources in the Park;

6.4.3 management and protection of Heritage Resources in the Park;

6.4.4 access to and use of the Park for recreational activities;

6.4.5 access to and use of the Park for public harvesting of Fish and Wildlife;

6.4.6 access to and use of the Park for commercial purposes;

6.4.7 traditional knowledge, customs and culture of Tr'ondëk Huch'in in connection with the Park and its natural and cultural resources;

6.4.8 the role and views of Tr'ondëk Hwëch'in elders in relation to the Park;

6.4.9 the interest of the Tr'ondëk Hwëch'in in the interpretation of place names and Heritage Resources in the Park directly related to the culture of the Tr'ondëk Hwëch'in;

6.4.10 measures to enhance public awareness and appreciation of the Park;

6.4.11 identification of specific economic opportunities for the Tr'ondëk Hwëch'in and Tr'ondëk Huch'in in the Park;

6.4.12 permitting or other methods of regulating use of the Park; and

6.4.13 such other matters as the Tr'ondëk Hwëch'in and Government may jointly request the Steering Committee to consider.

6.5 The Steering Committee may refer the Management Plan to the Yukon Heritage Resources Board, the Yukon Fish and Wildlife Management Board and the Dawson District Renewable Resources Council for their review and recommendations.

7.0 Approval and Review of the Management Plan

7.1 Within 90 days of receipt of the Management Plan, Government and the Tr'ondëk Hwëch'in shall jointly review the provisions set out therein and shall make reasonable efforts to reach a consensus as to the provisions to be included in the Management Plan.

7.2 If Government and the Tr'ondëk Hwëch'in are unable to reach a consensus under 7.1, either may refer the matter to the dispute resolution process under 26.4.0.

7.3 If the matter referred to the dispute resolution process under 7.2 is not resolved, the Minister may accept, vary or set aside the provisions set out in the Management Plan, and the decision of the Minister as to the provisions to be included in the Management Plan shall be forwarded to the Tr'ondëk Hwëch'in.

8.0 Fish and Wildlife

8.1 For greater certainty, the Tr'ondëk Hwëch'in and Tr'ondëk Huch'in have the right to harvest Fish and Wildlife in the Park in accordance with Chapter 16 - Fish and Wildlife of this Agreement.

9.0 Forest Resources

9.1 The right of the Tr'ondëk Hwëch'in and Tr'ondëk Huch'in to harvest Forest Resources in the Park pursuant to Chapter 17 - Forest Resources shall be subject to the provisions of the Management Plan.

10.0 Economic Opportunities

10.1 In evaluating any competitive proposal, bid or tender for work associated with the establishment of the Park, construction of Park facilities and the operation and maintenance of the Park, Government shall include among the factors for consideration, employment of Tr'ondëk Huch'in, and Tr'ondëk Hwëch'in and Tr'ondëk Huch'in ownership or equity investment in the firm submitting the proposal, bid or tender, and in any subcontractor to that firm.

10.2 Nothing in 10.1 shall be construed to mean that the criteria for employment of Tr'ondëk Huch'in, or for Tr'ondëk Hwëch'in and Tr'ondëk Huch'in ownership or equity investment shall be the determining criteria in the award of any contract.

10.3 If a licensing or permitting regime in respect of a sector of the commercial wilderness adventure travel industry applicable to the Park is established and Government places a limit upon the number of such licenses or permits to be issued in respect of the Park, the Tr'ondëk Hwëch'in shall have a right of first refusal to acquire a portion of those licenses or permits as follows:

10.3.1 in the first year that Government places the limit, Government shall offer to the Tr'ondëk Hwëch'in in respect of the Park:

10.3.1.1 25 percent of the licenses or permits to be issued, less the number of licenses or permits required to allow existing operations which are held by Tr'ondëk Hwëch'in Firms to operate at their then existing level in the Park; or

10.3.1.2 the number of licenses or permits that remain after the then existing operations in the Park have been issued the licenses or permits that are required to allow them to operate at their then existing level in the Park,

whichever is less; and

10.3.2 in the second year, and each year thereafter, Government shall offer to the Tr'ondëk Hwëch'in any new licenses or permits issued from time to time in the Park until the Tr'ondëk Hwëch'in and Tr'ondëk Hwëch'in Firms together have been issued 25 percent of the licenses or permits issued from time to time.

10.4 In calculating the number of licenses or permits required to be offered to the Tr'ondëk Hwëch'in pursuant to 2.1 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures, the total number of licenses or permits to be issued in the Park in respect of a sector of the commercial wilderness adventure travel industry shall be included in the total number of licenses or permits to be issued in the Traditional Territory of the Tr'ondëk Hwëch'in in respect of that sector.

10.5 The number of licenses or permits offered to the Tr'ondëk Hwëch'in pursuant to this schedule shall not be included in the calculation of the number of licenses or permits required to be offered to the Tr'ondëk Hwëch'in pursuant to 2.1 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures.

10.6 The conditions set out at 4.0 of Schedule A, Part II - Allocation of Licenses, Permits and Concessions of Chapter 22 - Economic Development Measures shall apply, with the exception of 4.13 which shall not apply, to the licenses or permits referred to in 10.3 and the issuance of such licenses or permits.

10.7 Nothing in 10.3 shall be construed to prevent the Tr'ondëk Hwëch'in from acquiring additional licenses or permits in respect of a sector of the commercial wilderness adventure travel industry applicable to the Park in accordance with Laws of General Application.

11.0 Heritage

11.1 The Han language shall be included, where practicable, in any interpretive displays and signs regarding the history and culture of the Tr'ondëk Hwëch'in that may be erected in, or related to, the Park.

11.2 When considering the naming or renaming of places or features in the Park, the responsible agency shall Consult with the Tr'ondëk Hwëch'in.

11.3 Procedures to manage and protect Tr'ondëk Hwëch'in Burial Sites shall be established in accordance with Chapter 13 - Heritage of this Agreement.

11.4 In developing the Management Plan, the Steering Committee shall take into account the cultural and heritage significance of the heritage routes and sites within the Park identified in Schedule C - Heritage Routes and Sites to Chapter 13 of this Agreement and on map Tr'ondëk Hwëch'in Heritage Routes and Sites ("THHRAS"), in Appendix B - Maps, which forms a separate volume to this Agreement.

12.0 Implementation and Review

12.1 The Park shall be managed in accordance with the Parks Act, R.S.Y. 1986, c. 126, the Wildlife Act, R.S.Y. 1986, c. 178 and the Historic Resources Act, S.Y. 1991, c. 8 and the Management Plan, or prior to the approval of the Management Plan, in accordance with the objectives set out in 1.0.

12.2 Prior to establishment of the Park under 3.1, the Core Area and Study Area 1 shall be managed in accordance with the objectives set out in 1.0.

12.3 The Management Plan shall be jointly reviewed by Government and the Tr'ondëk Hwëch'in no later than 10 years after its initial approval and at least every 10 years thereafter.

12.4 Review of the Management Plan under 12.3 shall include a process for public consultation.

12.5 Government and the Tr'ondëk Hwëch'in shall make reasonable efforts to reach consensus as to any action to be taken as a result of the review of the Management Plan.

12.6 If Government and the Tr'ondëk Hwëch'in are unable to reach consensus pursuant to 12.5, Government shall determine what action, if any, shall result from the review of the Management Plan and shall advise the Tr'ondëk Hwëch'in of its decision.

12.7 Government and the Tr'ondëk Hwëch'in shall consider and may develop mechanisms or enter into agreements to facilitate co-operative implementation and monitoring of the Management Plan.

13.0 Development Assessment and Land Use Planning

13.1 In carrying out their functions under Chapter 12 - Development Assessment, the Yukon Development Assessment Board and a Designated Office shall consider the Management Plan.

13.2 In developing a land use plan which includes all or part of the Park, a Regional Land Use Planning Commission shall consider the Management Plan.