[Taxacom] two names online published - one new species

Thu Jan 21 15:13:24 CST 2016

Hi Hans,
Elsevier allows their online pre-publications (Articles in press) to be altered. Therefore they cannot be considered available for nomenclatural purposes, see https://www.researchgate.net/publication/274372707_A_mixed_bag_when_are_early_online_publications_available_for_nomenclatural_purposes
I see no evidence for registration in ZooBank in the Engel paper anyway, so it is available from the paper version. The paper version, according to Elsevier's webpage of the paper, was published in March 2016. Hmm. I guess Elsevier hasn't looked at the calendar. Elsevier's practices are pretty annoying for somebody who cares about priority. So, we have evidence now that this paper in its final form is published on 21 January 2016 (if the paper version is out). If anybody has seen the final version (version of record, the version integrated in a journal issue and printed on paper) earlier, then we have evidence for an earlier publication date.

Wiley's Early View papers are Code-compliant. It has the publication date 4 Jan 2016. Well, going with a Code-compliant publisher has advantages. Wiley also claims that the issue published in January is the January issue. Isn't that something!

I agree with others' comments that the Pohl name is available and has priority (unless we find that the print version of the Engal paper appeared before 4 January 2016.

Btw, I don't find Dubois's standpoint particularly helpful or realistic in the current publication landscape. 

Frank

Dr Frank T. Krell
Curator of Entomology 
Commissioner, International Commission on Zoological Nomenclature
Chair, ICZN ZooBank Committee
Department of Zoology 
Denver Museum of Nature & Science 
2001 Colorado Boulevard 
Denver, CO 80205-5798 USA 
Frank.Krell at dmns.org 
Phone: (+1) (303) 370-8244 
Fax: (+1) (303) 331-6492 
http://www.dmns.org/science/museum-scientists/frank-krell
lab page: http://www.dmns.org/krell-lab

Test your powers of observation in The International Exhibition of Sherlock Holmes, open until January 31. And prepare your palate for Chocolate: The Exhibition, opening February 12.

The Denver Museum of Nature & Science salutes the citizens of metro Denver for helping fund arts, culture and science through their support of the Scientific and Cultural Facilities District (SCFD). 

-----Original Message-----
From: Taxacom [mailto:taxacom-bounces at mailman.nhm.ku.edu] On Behalf Of Hans Henderickx
Sent: Thursday, January 21, 2016 12:13 PM
To: Taxacom at mailman.nhm.ku.edu
Cc: taxacom-owner at mailman.nhm.ku.edu
Subject: [Taxacom] two names online published - one new species

The following two publications were almost simultanously published in  January 2016 concerning the same fossil species but based on two different  specimens from Burmese amber (Strepsiptera).
 The publication of Engel was already available online 13 November 2015  (noted in the publicaton: www.elsevier.com/locate/CretRes), but it's reference in the publication (for the printed version I suppose) says 2016. 
 The Pohl publication was also registered in ZOOBANK

*  Engel, M. et al. (2016) A new twisted-wing parasitoid from mid-Cretaceous  amber of Myanmar (Strepsiptera). Cretaceous Research
 ((http://dx.doi.org/10.1016/j.cretres.2015.10.008)

 -and-

*  Pohl, H. (2016) Kinzelbachilla ellenbergeri - a new ancestral  species, genus and family of Strepsiptera (Insecta)(DOI: 10.1111/syen.12158)
 http://zoobank.org/urn:lsid: 
 zoobank.org:pub:07554C01-DEC3-4080-A337-B1F46BC9070F

 Wich publication has priority here, and wich name is valid? Engel's publication was online published and registered by Elsevier two months earlyer (2015), so the name proposed in this publication Phthanoxenos nervosus looks to have priority rights. 

However, according the ICZN about online publishing the names in an online publication are only 'legally' registered after registration in ZooBank.
See http://iczn.org/node/40562 . Until than the publication should be considered as 'non valid' and the names as 'unavailable'
see:
http://iczn.org/content/electronic-publication-made-available-amendment-code

http://zookeys.pensoft.net/articles.php?id=3096

In that case, taken in consideration the ZooBank instruction, only Pohl's publication is legally valid, with another species name in this case: Kinzelbachilla ellenbergeri. However, Elsevier has registered Engel's publication  http://dx.doi.org/10.1016/j.cretres.2015.10.008. before (2015) and ZooBanks' profile as 'monopoly concerning registrations' could be considered as illegal concurrence. Space for discussion here it looks to me, I am interested in the opinion of the list members.

 Hans Henderickx
_______________________________________________
Taxacom Mailing List
Taxacom at mailman.nhm.ku.edu
http://mailman.nhm.ku.edu/cgi-bin/mailman/listinfo/taxacom
The Taxacom Archive back to 1992 may be searched at: http://taxacom.markmail.org

Celebrating 29 years of Taxacom in 2016.