Except as provided in subsection (b) of this section, a person may not catch hard–shell clams in the waters of the State with a shinnecock rake or similar device. Subject to paragraph (2) of this subsection, a person may catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge in the State waters of the Atlantic Ocean. A person may not catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge within 300 feet of any shore or wharf without first obtaining the permission of the shore or wharf owner.