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In Smithtown waters, to use those tongs, you would need a commercial clamming permit from the town and the state. Any rake or tong with 16 or more teeth or a length greater than six feet is considered a commercial device in the town of Smithtown (also by the state). Use them and you'll get the tongs confiscated and a ticket to boot! Leave the mussel beds alone, hand pick bank mussels from the marshes. You are allowed a 1/2 bushel as a Smithtown resident without commercial permits. Good luck with the chum collection.
 
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