Re: paleonet "palaeo name" to override "neontology name"

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Precedence rule must be applied as a general rule. However,  if you consider that junior synonymy is wide spread and much more common in use, following the recommendation 23A of ICZN  you must reffer the case to the Commision for suppresion of senior synonymy. Otherwise, should be applied the precedence rule.

Check the Bulletin of Zoological Nomenclature for simmilar cases.

For example:

Case 3300

Halipegus occidualis Krull, 1935 and Halipegus eccentricus Thomas, 1939 (Digenea, HEMIURIDAE): proposed conservation of the specific names

Donald F. McAlpine
New Brunswick Museum, 277 Douglas Avenue, Saint John, New Brunswick, Canada E2K 1E5 (e-mail: donald.mcalpine@nbm-mnb.ca)

Abstract. The purpose of this application, under Article 23.9.3 and Recommendation 23A of the Code, is to conserve the specific names of Halipegus occidualis Krull, 1935 and Halipegus eccentricus Thomas, 1939 for two species of hemiurid digeneans known to parasitize ranid frogs and various freshwater pulmonate snails. The names are threatened by two senior names, the homonym Halipegus occidualis Stafford, 1905 and the synonym Cercaria projecta Willey, 1930.



Dr. Patricio DOMINGUEZ
Dep. Paleontologia. Fac. Ciencias Geologicas. 
Universidad Complutense de Madrid

----- Mensaje original -----
De: "Kenneth A. Monsch" <kmonsch@biol.uni.wroc.pl>
Fecha: Miércoles, Abril 26, 2006 1:57 pm
Asunto: paleonet "palaeo name" to override "neontology name"

> Dear all,
> 
> My co-author and I are investigating the following case. The name 
> of a certain genus of fossil fishes seems to apply as well to 
> Recent species that are generally known under a different generic 
> name. The particularity of this case is, that the "Recent" name is 
> a junior synonym of the "fossil" name. The "Recent" name is 
> frequently used and the "fossil" name rarely. However, of both 
> necessary ICZN conditions for maintaining a frequently used junior 
> synonym as valid rather than its more obscure senior synonym, only 
> one is met. If you want to verify what these conditions are, look 
> up ICZN (1999: arts. 23.9.1.1 and 23.9.1.2). Thus, what we want to 
> assert in a taxonomic note that is in prep. is the following. A 
> "Recent" name should be put to disuse in favour of a name that has 
> been used only for fossils till now!
> 
> I am not aware of it if something like this has happened before. 
> That is why I'd like to ask if anyone out there on the list knows 
> of previously published reports of similar cases.
> 
> Thanks in advance,
> Ken
> ********************************************
> Dr. Kenneth A. Monsch
> Department of Vertebrate Zoology
> Institute of Zoology
> University of Wrocław
> ul. H. Sienkiewicza 21    tel +48-71-3754017    
> 50-335 Wroclaw            fax +48-71-3222817
> POLAND              kmonsch@biol.uni.wroc.pl
> 
> 
>