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Shipping - 46 USC Section 2305

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01/19/04


Sec. 2305. Injunctions


(a) The district courts of the United States have jurisdiction to
enjoin the negligent operation of vessels prohibited by this
chapter on the petition of the Attorney General for the United
States Government.
(b) When practicable, the Secretary shall -
(1) give notice to any person against whom an action for
injunctive relief is considered under this section an opportunity
to present that person's views; and
(2) except for a knowing and willful violation, give the person
a reasonable opportunity to achieve compliance.
(c) The failure to give notice and opportunity to present views
under subsection (b) of this section does not preclude the court
from granting appropriate relief.

HISTORICAL AND REVISION NOTES
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Revised section Source section (U.S. Code)
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2305 46:1485
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Section 2305 provides injunctive authority to enjoin the
negligent operation of vessels. This authority can also be used to
enjoin the operation of foreign or domestic vessels on our waters
when they are unsuitable for the voyage intended.

Last modified: April 20, 2006