Taxacom: description of a new species as a replacement name

[Francisco Welter-Schultes]

Good news: it was not because you were tired, Adam.
The name would also have been available, had it been a junior primary 
homonym.

The term "available" refers to a status a name gets when it is 
established in a Code compliant way. And then it keeps this status for a 
pretty long time, no matter what happens out there in the world. Only 
the Commission can interfere with a ruling to withdraw the availability 
of a name.

"Art. 10.6. Effect of invalidity upon availability. A name once 
available remains so irrespective of its invalidity as a junior synonym, 
a junior homonym, an unjustified emendation, an unnecessary substitute 
name, or a suppressed name, unless the Commission has ruled otherwise 
[Arts. 78.1, 78.2]. (Even if the taxon concerned is no longer classified 
as animal its name remains available [Art. 2.2])."

Best wishes
Francisco

Am 14.03.2024 um 19:37 schrieb Adam Cotton via Taxacom:
> Of course Francisco is absolutely correct. I forgot that since this is a 
> case of secondary homonymy the name maxima Staudinger, 1901 remains 
> available and in the event that the two taxa are no longer congeneric it 
> would again become the valid taxon name, with both uighurica Kemal & 
> Ko?ak, 2005 and ottostaudingeri Weidenhoffer & Bozano, 2007 as junior 
> synonyms.
> 
> I guess my lapse was because I replied at 5am, before going to bed (I 
> sleep mornings and early afternoons).
> 
> Adam.
> 
> 
> On 14/03/2024 05:26, Francisco Welter-Schultes via Taxacom wrote:
>> Dear Vazrick,
>>
>> To answer your question: basically yes, it does.
>>
>> In paragraph 2 an important information is missing: I assume that 
>> Staudinger's maxima and Elwes's maxima are currently (or were in 2005 
>> and 2007) placed in the same genus, so that maxima Staudinger, 1901 
>> is/was considered a junior secondary homonym of maximus Elwes, 1893.
>>
>> That said:
>>
>> In zoology such a name is usually not called a "replacement name" 
>> (this is a botanical term, it means "nomen novum" there), but a 
>> "substitute name".
>> Kemal & Kocak (2005) could have proposed a "new replacement name" 
>> (this is the zoological term for "nomen novum") for C. ci. var. maxima 
>> Staudinger, 1901 (preoccupied by A. vulcanus var. maximus Elwes, 1893, 
>> considered to belong to the same genus), but they were not obligated 
>> to do that. They had the taxonomic freedom to propose a 
>> regular/normal/entirely new name with its own name-bearing type, being 
>> then a junior subjective synonym of C. ci. var. maxima Staudinger, 
>> 1901. If it is the oldest junior synonym for Staudinger's taxon, this 
>> name is to be used (as a substitute name).
>>
>> This is largely the same answer as Adam gave, however Adam's 
>> expression "species that did not have an available name in a Code 
>> compliant manner" was not in line with the Code: C. ci. var. maxima 
>> Staudinger, 1901 is an available name, no matter if preoccupied or 
>> not. This should read "that did not have a name that could currently 
>> be used under the Code".
>>
>> If this helps.
>>
>> Best wishes
>> Francisco
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