Abalone, is listed as a "threatened species", which means they are likely to become an endangered species if nothing is done to reverse its population decline.

According to SARA, no person shall kill, harm, harass, capture or take an individual of a threatened species, and no person shall possess, collect, buy, sell or trade an individual (in whole or in part) of a threatened species. The hebetate of endangered or threatened species are also protected under the Act.

"We've definitely been pleased with the work that Bam field has been doing towards the abalone recovery strategy, and we are looking at ways of resolving this because we want to see the Bam field project continue," said Laurie Convey, DFO management biologist and departmental project authority for BHCAP.

Having worked closely with BHCAP since 1999, Convey said though the project is "very new and experimental", it is considered a "lead study location". But Convey doubts a special permit exempting BHCAP from SARA will be forthcoming. "Buying and selling can be done for scientific purposes, but eating abalone by someone in a restaurant doesn't clearly fall under any of those activities, and that's the issue Bamfield has come up against," she said. "It's not an interpretation of the law that is law, but there is no reason for DFO to issue a permit in this case because it's not scientific research.