3. No dredge or scrape or other device operated by power or by boats propelled by motor or other mechanical means may be used for the taking of shellfish from public or unleased lands under water except that a. Sea scallops (Pecten magellanicus) may be taken from the waters of the Atlantic Ocean by any means. b. In the taking of soft clams (Mya arenaria) on lands below low tide, the practice of churning with a propeller may be employed. c. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula polynyma) and ocean quahogs (Arctica islandica) may be taken by mechanical means from the waters of the marine and coastal district, except as limited by any regulations promulgated pursuant to subdivision twelve of this section. d. The department may permit the taking of shellfish for purposes of transplanting only pursuant to section 13-0321, by mechanical means, except that in the waters of Richmond county the department may permit such taking in waters at a mean low water mark of thirty feet or more. e. Subject to the provisions of section 13-0327, bay scallops (Pecten irradians) may be taken with a dredge or scrape, having an opening at the mouth not to exceed thirty-six inches in width, when towed by a boat operated by mechanical power, or other means provided that such dredge or scrape is brought aboard by hand power without the use of a mechanical device. f. The department may issue permits for the taking of mussels (Mytilus edulis) from underwater lands as hereinafter described by means of dredges not to exceed thirty-six inches in width, which may be equipped to be returned to boatside by means of power or mechanical devices. Mussels (Mytilus edulis) may be taken by such means in the following areas:

1. (1) In Long Island Sound generally easterly of a line extending due north from Herod Point on Long Island including those waters surrounding Fishers Island.
2. (2) In the Atlantic Ocean easterly of a line extending due south from the rock jetty on the east side of Shinnecock Inlet.
3. (3) In the bays with state-owned bottomland easterly from the Town of Riverhead to and including Block Island Sound.
4. (4) The limit on mussels (Mytilus edulis) taken in such a manner is fifteen bushels per person per day, not to exceed thirty bushels taken per boat per day. Possession of other shellfish or possession of mussels on a vessel possessing a dredge is presumptive evidence that such shellfish or mussels were taken by such dredge. g. In the taking of hard clams (Mercenaria mercenaria), a pot hauler may be used onboard a vessel to assist in hauling or retrieving a clam rake from the water, provided that the basket attached to the clam rake shall not exceed twenty-six inches in width. For the purposes of this section, "pot hauler" shall mean a mechanically operated device, including but not limited to a winch, reel, windlass or capstan, which is used to haul or retrieve a clam rake from the water and return it to the harvest vessel.