The act has a two-stage process for identifying and protecting critical habitat. So if the government put in an order on private land to protect that critical habitat, the farmer would not be able to plow that field, unless for some reason the minister could be certain it would not have an impact on the recovery of the species. In this case, we deemed that it would have had an impact on the recovery of the species.
On March 10th, 2009. See this statement in context.