YSC, Title 5.  Traditional Leaders & Traditions
 
 
 
Chapter 6.  Researcher Registration

601.  Title.
602.  Findings.
603.  Purpose; intent.
604.  Definitions.
605.  Registration required; royalty agreement.
606.  Deposits to General Fund of the State of Yap.
607.  Prohibited Acts.
608.  Penalties.
609.  Severability.

     601.  Title.
     This chapter may be known and cited as the "State Researcher's Registration Act."

           Source:  YSL 4-33 1 (Section 601), modified.

     602.  Findings.
     The Legislature finds that:

     (a)  Throughout the course of the State's recent history, many scholars and scientists from a variety of academic fields have come to Yap State to study its unique society, culture and traditions.

     (b)  Yap State has always welcomed, and will continue to welcome, such persons, including, but not limited to, anthropologists, archaeologists, marine specialists, historians, lawyers, and other social scientists.

     (c)  Yap has a strong State interest in ensuring that all such researchers are able to access the data which they need, that they are able to be apprised of any inaccuracies in data collected, that they provide Yap with at least two copies of their final work product, and that they pay Yap a royalty fee on the sale of their final work product.

           Source:  YSL 4-33 1 (Section 602), modified.

          Cross-reference:  The constitutional provision on tradition and custom is found in Yap Const., Art. III.  The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.

     603.  Purpose; intent.
    It is the intent of the Legislature to require that all researchers, as so defined herein, register with the Division of Civic Affairs to ensure that the State may assist the researchers whenever possible and to provide a mechanism whereby a researcher's data may be confirmed, verified and cross-checked so as to prevent the dissemination of misinformation, and to insure that Yap State receives a royalty payment on each final work product sold.

           Source:  YSL 4-33 1 (Section 603), modified.

          Cross-reference:  The statutory provisions on the Department of Youth and Civic Affairs are found in section 126 of Title 3 (The Executive) of this Code.

     604.  Definitions.
     As used in this chapter, unless the context otherwise requires, the term:

     (a)  "Division of Civic Affairs" means the Division of Civic Affairs within the Department of Youth and Civic Affairs.

     (b)  "Chief" means the Chief of the Division of Civic Affairs under whose supervision and direction the Yap Historic Preservation Program is administered.

     (c)  "Researcher" means any person actively and exclusively engaged in the full-time academic study of any aspect of Yap State's history, culture, customs, or traditional skills, songs, myths, chants or dances for the purpose of disseminating the results of that study in any tangible medium of expression from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.  "Researcher" shall include, but not limited to, all those persons who are entering the State pursuant to a researcher's entry permit issued in accordance with the relevant requirements of FSM National law codified at 50 FSM section 103.  "Researcher" shall not include any citizen of the FSM, or any employee or agent of the State or FSM national government engaged in such research or study on behalf of the State or national government, or any agency or instrumentality thereof.

     (d)  "Research" or "study" means the active and direct pursuit of information or data concerning any aspect of Yap's history, culture, customs, or traditional songs, myths, chants  or dances by generally accepted methods of eliciting such information or data, including, but not limited to, interviewing State residents, distributing questionnaires among State residents, taking photographs or making audio/visual recordings, digging or excavating and/or examining any area of land or historic property, as defined in chapter 4 of this title, on such land.

     (e)  "Final work product" means the complete and final work of authorship containing the results of the researcher's study in Yap.  In the category of literary works intended for mass circulation, the "final work product" shall be that work of authorship in the form issued by the publisher.  In the category of academic dissertations or scholarly articles or papers intended to be submitted for purposes of advanced academic degrees, the "final work product" shall be that work of authorship in the form submitted to the academic institution.  In the category of scholarly, academic or scientific articles intended for publication in specialized  journals or magazines published on a monthly, quarterly or periodic basis, the "final work product" shall be in the form issued by the publisher.  In the category of audio-visual tapes or other such audio-visual recording media, the "final work product" shall be a copy of the tape or other device.

     (f)  "Royalty fee" means a compensation from the researcher to the State of Yap for the use of Yap's resources in his research and which compensation is ten percent of each final work product sold.

     (g)  "FSM" means the Federated States of Micronesia.     

           Source:  YSL 4-33 1 (Section 604), modified.

          Cross-reference:  The statutory provisions on the Department of Youth and Civic Affairs are found in section 126 of Title 3 (The Executive) of this Code.  The constitutional provision on the Council of Pilung and the Council of Tamol is found in Yap Const., Art. III, Sect. 1.  The statutory provisions on the councils of traditional leaders are found in chapter 1 of this title.

     605.  Registration required; royalty agreement.

     (a)  All researchers shall, before commencement of the research project, register with the Division of Civic Affairs.

     (b)  Researchers shall provide the Division of Civic Affairs with the following data:

(1)  Name and permanent address;

               (2)  Purpose and scope of research;

               (3)  Intended method(s) of research;

               (4)  Intended duration of stay in Yap;

               (5)  Local address in Yap;

(6)  School, university, foundation or other professional affiliation through which entity or for which entity the research is being conducted and address of such entity;

               (7)  Name and address of publisher, if available;

(8)  A signed statement by the researcher promising to pay Yap State a ten percent  royalty fee on any final work product sold; and

               (9)  Any other data which the Chief believes relevant.
 
     (c)  Upon receipt of the data required to be submitted in subsection (b) of this section, the Chief shall inform the traditional leader of the municipality or island where the researcher will be working of the researcher's purpose and scope of study, intended method(s) of research and intended duration of stay in Yap.  In the event that the researcher will be focusing on several municipalities or islands, the Chief shall notify the Council of Pilung and/or Council of Tamol, as appropriate.

     (d)  Upon submission of the data required by subsection (b) of this section, notification required by subsection (c) of this section, and payment of a non-refundable registration fee in the amount of $500.00, the researcher shall be issued a permit to conduct his or her research for a period of one year.  Such permits may be automatically renewed for another year by paying a non-refundable renewal fee of $250.00 upon the expiration of the initial one year term.

     (e)  All researchers shall consult with the Chief and the members of the Councils of Pilung and Tamol to verify, confirm, cross-check and clarify any data derived in the course of their research in the State.

     (f)  All researchers shall provide the Division of Civic Affairs with at least two copies of their final work product. One copy shall be maintained by the Division of Civic Affairs.  The second copy shall be given to the Council of Pilung, if the research was conducted only in Yap Proper, or the Council of Tamol if the research was conducted in the Outer Island.  If the research was conducted in both areas, then the second copy shall also be maintained by the Division.

           Source:  YSL 4-33 1 (Section 605), modified.

          Cross-reference:  The statutory provisions on the Department of Youth and Civic Affairs are found in section 126 of Title 3 (The Executive) of this Code.

     606.  Deposits to General Fund of the State of Yap.
     All funds collected pursuant to the provisions of this chapter shall be deposited into the General Fund of the State of Yap within five days of collection.

           Source:  YSL 4-33 1 (Section 606), modified.

          Cross-reference:  The statutory provisions on the General Fund of the State of Yap are found in subchapter II of chapter 12 of Title 13 (Taxation and Finance) of this Code.

     607.  Prohibited Acts.
     In addition to any other acts which may be prohibited pursuant to any other provision of State law, including those prohibited by 5 YSC 408 and the applicable rules and regulations, it shall be unlawful for any researcher:

     (a)  To engage in research or study without securing the permit required by section 605 of this chapter; and

     (b)  To provide false information to the Chief for purposes of Researcher Registration pursuant to section 605 of this chapter.

           Source:  YSL 4-33 1 (Section 607), modified.

          Cross-reference:  Section 408 of chapter 4 of this title is on harming or removing historic property prohibited.  Section 605 of this chapter is on registration required; royalty agreement.

     608.  Penalties.

     (a)  There shall be a civil penalty of not more than $100.00 for providing false information to the Chief for purposes of Researcher Registration pursuant to section 605 of this chapter.

     (b)  There shall be a civil penalty of not more than $200.00 for actively engaging in research or study without registering and securing the permit as provided in section 605 of this chapter.

     (c)  In addition to any other penalty provided herein, the permit of any researcher, who fails to provide the Chief with at least two copies of his or her final work product within two months of the publication of that work of authorship, or who fails to pay a royalty fee within one year of the publication of that work of authorship, shall be immediately revoked and such researcher shall not be entitled to renew or reapply for another permit for a period of ten years.

           Source:  YSL 4-33 1 (Section 608), modified.

     609.  Severability.
    If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

           Source:  YSL 4-33 1 (Section 609), modified.