Kyla P Mora

kmora@guampdn.com

A recently installed fence and gate are now restricting access to private property fronting the Gun Beach shoreline after the owners decided they wanted to deter illegal dumping on the land.

In response to concerns from the community, representatives from Guam Coastal Management Program with the Bureau of Statistics and Planning are coordinating with the Guam Environmental Protection Agency to assess the situation.

While the gated area "doesn't appear to be within the seashore reserve," according to Guam Coastal Management Program administrator Edwin Reyes, the investigation will seek "to ensure that it's in compliance with public access laws on Guam and that any easements or public access points were not blocked."

Guam Coastal Management Program defines "seashore reserve" as a designated area that begins 10 meters from a beach's high water mark inshore to 60 fathoms seaward.

"All of that is considered public, from the shoreline and submerged lands, in which rights and uses of those lands are unrestricted," Reyes said. "The different types of rules that govern use of resources, that is guided by other policies. But the nature of that area is public lands."

Attorney Todd Thompson works with the Guam firm Mair & Mair, legal representative for the property owner. Thompson said that the property owner, which asked to remain anonymous, put up the fence in response to trash dumping.

"The situation was that a lot of people were complaining about trash in that area. Apparently, there were a lot of people using it as a picnic area and then dumping their trash, which created a problem with pigs coming in," Thompson said. "The owner decided to close the area, and it will be that way until further notice."

According to Thompson, the restricted area is private property beyond the public access level. Thompson said that he is unaware of what, if any, steps were taken prior to the enclosure, and characterized the matter as a health and sanitation concern.

"It’s unfortunate, but the problem was piles of trash," Thompson said.

Thompson said that the property owner's attention was drawn to the matter, in part, because of a Facebook video posted on Jan. 21, showing trash that had been dumped among the grass and trees on the property.

(Story continues below video.)

The video, entitled "Paradise Wasted," was filmed by Guam resident Mark Mendiola. Since posting the video, Mendiola said, many people have expressed interest in helping to clean up the beach.

Mendiola said that the Gun Beach fence is "unfortunate," but that given the dumping, "I completely understand."

"I am encouraging our community to come out and support the governor's and lieutenant governor's initiative to get Guam clean," Mendiola said. "Please come out and support the cleanup efforts. I am trying to make this a positive thing by raising the issue and not to bring people down. This is an entire Guam issue."

Reyes said that the matter will be jointly considered with the Guam EPA to determine "what issues exist in terms of solid waste and illegal dumping."

Because the Guam Coastal Management Program is not a regulatory agency, Reyes said, if any violation of statutes is found, both groups will contact the attorney general's office to determine the next steps.

Reyes commended all who contacted his organization and Guam EPA regarding the restricted beach access.

"We appreciate public awareness, and the more that the public is aware that beach access is a right, that is protected by law, the more power the citizenry has to take action, to call the right folks," Reyes said.