(1) An animal is a live:
(a) member of a vertebrate species, including an amphibian, bird, mammal and reptile; and
(b) bony or cartilaginous fish, cephalopod or crustacean that is in the possession or under the control of a person.
(2) Despite subsection (1)(a), an "animal" does not include a human being.
(3) For subsection (1)(b), a fish, cephalopod or crustacean is not in the possession or under the control of a person by reason only that it has been caught with fishing gear permitted under the Fisheries Act but is still in its usual aquatic or other habitat.
Examples for subsection (3)
A fish still in the water but caught on the end of a fishing line or a crab still in a trap would not be considered in a person's possession or control.