CHAPTER V

VALID PUBLICATION OF NAMES

SECTION 4

NAMES IN PARTICULAR GROUPS

Article 45

45.1. If a taxon originally assigned to a group not covered by this Code is treated as belonging to the algae or fungi, any of its names need satisfy only the requirements of the relevant other Code that the author was using for status equivalent to valid publication under this Code (but see Art. 54 and F.6.1, regarding homonymy). The Code used by the author is determined through internal evidence, irrespective of any claim by the author as to the group of organisms to which the taxon is assigned. However, a name generated in zoological nomenclature in accordance with the Principle of Coordination is not validly published under this Code unless and until it actually appears in a publication as the accepted name of a taxon.

Ex. 1. Amphiprora Ehrenb. (in Abh. Königl. Akad. Wiss. Berlin 1841: 401, t. II(VI), fig. 28. 1843), available1 under the International Code of Zoological Nomenclature as the name of a genus of animals, was first treated as belonging to the algae by Kützing (Kieselschal. Bacill.: 107. 1844). Under the International Code of Nomenclature for algae, fungi, and plants, Amphiprora is validly published and dates from 1843, not 1844.

[footnote]1 The word “available” (when applied to a name) in the International Code of Zoological Nomenclature is equivalent to “validly published” in this Code.

Ex. 2. Petalodinium Cachon & Cachon-Enj. (in Protistologia 5: 16. 1969) is available under the International Code of Zoological Nomenclature as the name of a genus of dinoflagellates. When the taxon is treated as belonging to the algae, its name is validly published and retains its original authorship and date even though the original publication lacked a Latin description or diagnosis (Art. 44.1).

Ex. 3. Prochlorothrix hollandica Burger-Wiersma & al. (in Int. J. Syst. Bacteriol. 39: 256. 1989) was published according to the International Code of Nomenclature of Prokaryotes. When the taxon is treated as an alga, its name is validly published and retains its original authorship and date even though it was based on a living culture (Art. 8.4) and the original publication lacked a Latin description or diagnosis (Art. 44.1).

Ex. 4. Labyrinthodictyon Valkanov (in Progr. Protozool. 3: 373. 1969, ‘Labyrinthodyction’) is available under the International Code of Zoological Nomenclature as the name of a genus of rhizopods. When the taxon is treated as belonging to the fungi, its name is validly published and retains its original authorship and date even though the original publication lacked a Latin description or diagnosis (Art. 39.1).

Ex. 5. Protodiniferaceae Kof. & Swezy (in Mem. Univ. Calif. 5: 111. 1921, ‘Protodiniferidae’), available under the International Code of Zoological Nomenclature, is validly published as a name of a family of algae and retains its original authorship and date but with the original termination changed in accordance with Art. 18.4 and 32.2.

Ex. 6. Pneumocystis P. Delanoë & Delanoë (in Compt. Rend. Hebd. Séances Acad. Sci. 155: 660. 1912) was published for a “protozoan” genus with a description expressing doubt as to its generic status, “Si celui-ci doit constituer un genre nouveau, nous proposons de lui donner le nom de Pneumocystis Carinii.” Under Art. 36.1(a) Pneumocystis would not be validly published, but Art. 11.5.1 of the International Code of Zoological Nomenclature allows for such qualified publication before 1961. Therefore, Pneumocystis, because it is an available name under the ICZN, is validly published under Art. 45.1.

Ex. 7. Pneumocystis jirovecii Frenkel (in Natl. Cancer Inst. Monogr. 43: 16. 1976, ‘jiroveci’), treated as a protozoan, was published with only an English description and without designation of a type, but the former condition is no obstacle to availability under the International Code of Zoological Nomenclature (see Rec. 13B) and the latter was no obstacle under that Code until after 1999 (Art. 72.3). Therefore, when considered the name of a fungus, P. jirovecii, with corrected termination (Art. 60.8), is validly published under Art. 45.1. Subsequent publication of a Latin diagnosis and indication of type by Frenkel (in J. Eukaryot. Microbiol. 46: 91S. 1999), who treated the species as a fungus, was necessary for valid publication under the edition of the International Code of Botanical Nomenclature in operation at that time, but is no longer so; P. jirovecii dates from 1976, not 1999.

Note 1. Names of Microsporidia are not covered by this Code (see Pre. 8 and Art. F.1.1) even when Microsporidia are considered as fungi.

Note 2. If a taxon originally assigned to a group not covered by this Code is treated as belonging to the plants (i.e. not the algae or fungi), the authorship and date of any of its names are determined by the first publication that satisfies the relevant requirements of Art. 3245 for valid publication.