It shall be unlawful to use or have in one's possession
any device commonly known as a "dredge," including but not limited
to scraper tongs or blades, stick dredges or any other device operated
by power or by boats propelled by motor or other mechanical means,
or a device attached to or aided by the motion of any boat mechanically
propelled or otherwise for the taking of shellfish from Town-owned
land or placed overboard any boat except:
(1)
By special permit issued by the Director of Environmental
Protection of the Town of Brookhaven.
(2)
A dredge used for the taking of bay scallops, provided
that such dredge has an opening at the mouth not to exceed 36 inches
in width when taken by a boat operated by mechanical power or other
means, and further provided that such dredge is brought aboard by
hand power without the use of a mechanical device.
(3)
When engaged in the taking of soft-shelled clams wherein
the propeller of a boat may be used for churning such clams on any
bar or shoreline that does not fall dry at the ordinary low tide.