1. Reasons for Amendment
The Act on the Management of Zoos and Aquariums was amended (Act No. 19086; promulgated on December 13, 2022; to be enforced on December 14, 2023) to strengthen the zoo and aquarium management system and improve animal welfare by switching from a registration-based system to a permission-based system for zoos and aquariums and prohibiting any act that may cause unnecessary stress to animals. Accordingly, this Amendment prescribes surveys and comprehensive evaluations of zoos and aquariums, mandatory open days and actions taken upon temporary or permanent closure, exceptions from prohibited acts, designation of species prohibited from being held for display purposes, measures to prevent ecosystem disturbance, inspection methods for zoos and aquariums, and other matters delegated by the Act and matters necessary for the enforcement thereof.
2. Major Provisions
A. Zoo and aquarium surveys and comprehensive plan implementation evaluations (Articles 2, 3, and 4)
Specify detailed procedures and methods, such as requiring the Minister of Environment and the Minister of Oceans and Fisheries to carry out a survey of zoos and aquariums every 5 years, formulate a comprehensive plan on zoo and aquarium management based on the results of the survey, conduct an implementation evaluation, disclose the results thereof, etc.
B. Criteria for administrative disposition and various forms regarding permissions (Articles 5, 6, and 7)
Prescribe specific criteria for administrative dispositions, such as business suspension and revocation of permissions for violations, and specify forms such as the permission application form, certificate of permission, payment surcharge payment notice, etc.
C. Increase mandatory open days for zoos and aquariums (Article 8)
As the current requirement of at least 30 open days makes it difficult to achieve the purpose of facility establishment and may result in inadequate care of animals and facilities, prescribe a requirement of at least 90 days like museums, arboretums, etc. to ensure normal operation, while making an exception for cases where it is not possible to open due to a disease outbreak, etc.
D. Strengthen reporting and action requirements for temporary and permanent closures (Articles 9, 10, and 11)
As the current provisions require a zoo or aquarium that is temporarily or permanently closing to only file a report accompanied by a description of actions taken for its resident animals, and thus there is a possibility that the animals may be neglected or unlawfully treated, improve provisions to ensure safe management of resident animals by specifying the actions to be taken, such as transferring the animals to an appropriate facility or disposing of them humanely when inevitable, and prescribing that the permitting authority shall perform an on-site check.
E. Specify the method for investigating the resident animals of zoos and aquariums (Article 12)
Prescribe that the Minister of Environment and the Minister of Oceans and Fisheries shall investigate endangered wildlife, globally endangered species, and protected marine organisms in terms of their number, breeding status, husbandry facilities, health management status, etc.
F. Exceptions from prohibited acts and species prohibited from being held for display purposes (Articles 13 and 14)
Prohibit the exhibition of animals outside the relevant zoo or aquarium while making an exception for exhibitions held free of charge for corporate social responsibility purposes and for exhibitions held at a science museum, animal treatment facility, biological museums, etc. for research/educational purposes, but prescribing that any animal belonging to the order Cetacea shall not be held for display purposes.
G. Prevention of highly infectious diseases and ecological disturbance (Articles 15 and 16)
Specify wild animal diseases subject to quarantine, etc. as highly infectious diseases to enable immediate isolation and prompt notification of relevant agencies, and prescribe that capture and anti-escape measures, etc. shall be implemented when there is a risk of ecosystem disturbance caused by a resident animal.
H. Educational institutions and scope of retention of various records (Articles 17, 18, and 19)
Specify institutions that may be designated as an educational institution, such as the National Institute of Ecology, Korea Marine Environment Management Corporation, and non-profit corporations with the relevant expertise, content and duration of education for learners, education performance reports and submission, and other specific methods, and prescribe that information on husbandry facilities, specialist staff, disease treatment, etc. shall be retained in addition to the records subject to retention in accordance with the Act.
I. Zoo and aquarium inspection timing and method (Article 20)
As the lack of provisions allowing the permitting authority to conduct inspections of zoos and aquariums may lead to inadequate care, specify that a routine inspection shall be conducted once every 5 years and unscheduled inspections may be conducted as necessary, and prescribe that permission requirements and prohibited acts, etc. shall be investigated and the results thereof shall be submitted to the Minister of Environment or the Minister of Oceans and Fisheries.
J. Designation and operation of hub zoos and aquariums (Article 21)
Prescribe that animal welfare and education/research status, facilities, specialist staff, etc. shall be evaluated when designating a hub zoo or aquarium, and specify matters necessary for operation.
K. Procedure for receiving donations (Article 22)
Specify the method for handling donations received by the operator of a zoo or aquarium, such as the issuance of receipts, using the donations for designated purposes, access to usage records, etc.
