Taxacom: interpretation of Article 23.9.5 - applicability to a case of junior primary homonymy

[Douglas Yanega]

When dealing with issues of application of Code provisions, I generally 
prefer to examine the question in a more hypothetical sense, rather than 
getting bogged down in details.

The issue is whether there needs to be a post-1899 *publication* 
treating species X in Genus Y in order for it to be considered 
congeneric with another species in Genus Y, or if its retention in Genus 
Y by default is sufficient to violate 23.9.5.

Imagine a situation where species X is described in 1880, and there are 
no further publications at all on that taxon, not even catalog listings, 
until 1980, when it is transferred to Genus Z.

It would be very hard to claim that this species was not considered a 
member of Genus Y between 1900 and 1980. As such, I would say that 
inclusion within a genus is all that is required, even if that inclusion 
began before 1900 and was *neither cited nor challenged* until much 
later. The junior name in your case would therefore need to be replaced.

I might add that it's good that you recognized the potential 
applicability of 23.9.5 - too often it seems that taxonomists ignore 
this Article, and insist on automatically replacing junior primary 
homonyms that they discover, even when 23.9.5 is satisfied; many 
taxonomists don't seem to be aware that the replacement of junior 
primary homonyms falling under 23.9.5 is *prohibited* ("*must not* 
automatically replace the junior homonym" is the exact wording used) 
unless that replacement is approved by the Commission.

Peace,

-- 
Doug Yanega      Dept. of Entomology       Entomology Research Museum
Univ. of California, Riverside, CA 92521-0314  voicemail:951-827-8704
FaceBook: Doug Yanega (disclaimer: opinions are mine, not UCR's)
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