[Taxacom] ICZN art. 40.2

[Michael A. Ivie]

So, Atopa and Atopidae of Laporte are still available names so homonomy 
applies, but the generic names are not homonyms.  When this happens you 
go to Art. 53, and find the family group names are homonyms. Then to 
55.3, where such homonyms must be referred to the Commission (shudder), 
unless they are nomen oblitum. That kicks you back to 23.9.  I can't 
remember for sure, but I think Atopidae has been used since 1899.  You 
would have to search for that.

Mike

On 6/28/2020 1:53 PM, Tony Rees via Taxacom wrote:
> By the way, Atopidae Hupé, 1953 in Trilobita is based on Atops Emmons,
> 1844;  Atopidae Laporte, 1834 in Coleoptera is based on  Atopa Paykull,
> 1799, as mentioned above.
>
> - Tony
>
>
> On Mon, 29 Jun 2020 at 05:45, Tony Rees <tonyrees49 at gmail.com> wrote:
>
>> Hi all, I am sending this message to 2 lists since I am not sure where the
>> relevant expertise or wider knowledge resides, so apologies if you receive
>> it twice...
>>
>> My question involves ICZN art. 40.2:
>>
>> <quote>
>> Article 40. Synonymy of the type genus
>>
>> 40.1. *Validity of family-group names not affected*
>>
>> When the name of a type genus of a nominal family-group taxon is
>> considered to be a junior synonym of the name of another nominal genus, the
>> family-group name is not to be replaced on that account alone.
>>
>> *Example.* The name NEOSITTINAE Ridgeway, 1904 (Aves) is valid rather
>> than DAPHOENOSITTINAE Rand, 1936, even though the name of the type genus
>> * Neositta* Hellmayr, 1901 is a junior synonym of *Daphoenositta *De Vis,
>> 1897.
>>
>> 40.2. *Names replaced before 1961*
>>
>> If, however, a family-group name was replaced before 1961 because of the
>> synonymy of the type genus, the substitute name is to be maintained if it
>> is in prevailing usage.
>>
>> 40.2.1. A name maintained by virtue of this Article retains its own author
>> but takes the priority of the replaced name, of which it is deemed to be
>> the senior synonym.
>> </quote>
>>
>> The particular example before me is that of the family name Atopidae
>> Laporte, 1834 (Coleoptera), which has historically been replaced by
>> Dascillidae Guérin-Méneville, 1843 on the basis of synonymy of the type
>> genus Atopa Paykull, 1799 with Dascillus Latreille, 1796. I read this as
>> effectively equivalent to the name Atopidae Laporte, 1834 being suppressed
>> for priority. My question is whether this should also apply for homonymy,
>> or not, on account of the fact that "Atopidae" is currently used as a valid
>> family in Trilobita, with authorship Hupé, 1953, see for example Jell,
>> P.A. & Adrain, J.M. 30 8 2002: Available generic names for trilobites.
>> Memoirs of the. Queensland Museum 48(2): 331-553. So, is the trilobite
>> family name to be considered preoccupied by the earlier instance in
>> Coleoptera, or not? Any advice welcome (also additional comments if I have
>> missed something...)
>>
>> Best regards - Tony
>>
>> Tony Rees, New South Wales, Australia
>> https://about.me/TonyRees
>> www.irmng.org
>>
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-- 
__________________________________________________

Michael A. Ivie, Ph.D., F.R.E.S.

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