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ENFORCEMENT DECREE OF THE ACT ON THE MANAGEMENT OF ZOOS AND AQUARIUMS

Presidential Decree No. 28075, May 29, 2017

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters delegated by the Act on the Management of Zoos and Aquariums and those necessary for implementing said Act.
 Article 2 (Scope of Zoos and Aquariums)
(1) "Facility prescribed by Presidential Decree“ in subparagraph 1 of Article 2 of the Act on the Management of Zoos and Aquariums (hereinafter referred to as the “Act“) means:
1. A facility for housing and exhibiting at least ten species or at least 50 individual either wild animals defined in subparagraph 1 of Article 2 of the Wildlife Protection and Management Act or livestock defined in subparagraph 1 of Article 2 of the Livestock Industry Act: Provided, That excluded therefrom shall be any facility housing only the livestock defined in subparagraph 1 of Article 2 of the Livestock Act and a facility for the pet wholesale and retail trade under the Korean Standard Industrial Classification publicly announced by the Commissioner of the Statistic Korea in accordance with the Statistics Act;
2. A facility prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries for housing and exhibiting wild animals requiring protection and management, such as endangered wildlife defined in subparagraph 2 of Article 2 of the Wildlife Protection and Management Act, other than facilities referred to in the main sentence of subparagraph 1.
(2) "Facility prescribed by Presidential Decree” in subparagraph 2 of Article 2 of the Act means a facility for housing and exhibiting marine organisms or limnobios in a water tank with a total capacity of at least 300 cubic meters or with a total floor area of at least 200 square meters: Provided, That excluded therefrom shall be facilities for the pet wholesale and retail trade under the Korean Standard Industrial Classification publicly announced by the Commissioner of the Statistic Korea in accordance with the Statistics Act.
 Article 3 (Requirements for Registration, etc.)
(1) "Requirements prescribed by Presidential Decree” in the proviso to Article 3 (1) of the Act means the requirements referred to in attached Table 1.
(2) A person who intends to register a zoo or aquarium under Article 3 (1) of the Act, shall file an application for registration with a Special Metropolitan City Mayor, Metropolitan City Mayor, Do Governor, Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”), as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
(3) A person who intends to report any changed matter concerning a zoo or aquarium for registration under Article 3 (3) of the Act, shall file an application for registration with the Mayor/Do Governor by not later than 14 days after such change occurs, as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
 Article 4 (Public Opening and Temporary or Permanent Closure of Zoos and Aquariums)
(1) "Number of days determined by Presidential Decree” in Article 5 (1) of the Act means 30 days. In such cases, daily opening hours shall exceed four hours.
(2) Where a zoo or aquarium is closed for at least six consecutive months due to any cause, the person operating such zoo or aquarium shall report such closure to the relevant Mayor/Do Governor by not later than 14 days before the planned date of temporary closure pursuant to Article 5 (2) of the Act.
(3) Where a zoo or aquarium is closed for at least six consecutive months without reporting under paragraph (2), the person operating such zoo or aquarium shall, pursuant to Article 5 (2) of the Act, submit a report to the Mayor/Do Governor within 14 days from the date on which six months have passed after suspending opening to the public.
(4) A person who intends to report the matters described in paragraph (2) or (3), shall submit a written report on temporary closure to the Mayor/Do, as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
(5) Where a zoo or aquarium is permanently closed, the former operator shall submit a written report on permanent closure to the Mayor/Do by no later than 30 days before the scheduled date of permanent closure pursuant to Article 5 (3), as prescribed by Joint Ordinance of the Ministry of Environment and the Ministry of Oceans and Fisheries.
(6) The Mayor/Do Governor in receipt of a written report on permanent closure under paragraph (5), shall verify whether the person intending to permanently close the relevant zoo or aquarium has properly taken measures pursuant to the plan for managing animal collections of the zoo or aquarium referred to in Article 3 (1) 8 of the Act.
 Article 5 (Submission of Materials)
(1) Pursuant to Article 10 (1) of the Act, a person operating a zoo or aquarium shall submit to the Mayor/Do the records on operating and managing the zoo or aquarium referred to in Article 9 of the Act and the number of annual opening days thereof by the end of February each year.
(2) Where a person provides documents substantiating he/she cannot submit records by the deadline referred to in paragraph (1) with just cause, the Mayor/Do Governor may extend the period for submission by up to 30 days.
(3) Where a Mayor/Do Governor requests supplementary materials from a person operating a zoo or aquarium pursuant to Article 10 (2) of the Act, the Mayor/Do Governor shall give written notice specifying such supplementary materials.
 Article 6 (Standards for Imposing Administrative Fines)
Standards for imposing administrative fines provided for in Article 18 of the Act, shall be as specified in attached Table 2.
ADDENDUM
This Decree shall enter into force on May 30, 2017.