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Message: <blockquote data-quote="jmorlan" data-source="post: 1804383" data-attributes="member: 1564">The problem is not so much that Brehm's description is incredibly brief, it's that it's wrong.  The only thing that Brehm says is that the American bird is bigger.  In fact it is smaller.  If Brehm had said the American Three-toed Woodpecker is smaller than the European bird, then I think it would qualify as a valid name with an associated  non-fixed name-bearing type.  I believe Mark's view is that Brehm's bird may have been a Black-backed Woodpecker which is larger.  However, I would argue that even if that were proven, Brehm's name would have to be suppressed because of its long taxonomic history of application to the American Three-toed Woodpecker.  Ranier's view seems to be that Brehm's name is unidentifiable.  I agree with that, but contend that unidentifiable taxa without a fixed type (such as a controversial fossil) cannot be construed as a nominal taxon as defined in the code and thus not an available name.  However, this leads back to the existence of "taxonomic vandalism" and abuse of the code, so my understanding of this part of the code may be wrong.  But still, Brehm's description is clear enough to ensure that whatever its nominal type, it cannot be applied to the American Three-toed Woodpecker. It's not just unidentifiable, it clearly points to something other than the entity to which it has been historically applied. In addition to agreeing that Brehm's name is not identifiable, I believe it is hypothetical, under the meaning of the code and thus not an available name.The first scenario would require plenary action to suppress.  The other two, in my view, negate Brehm's name to any claim of status as an "available name." Either scenario elevates Swainson's P. americanus to the bird's valid name. It would no longer be a junior homonym.</blockquote>

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