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A tragic incident unfolded at a Florida aquarium when two men allegedly broke in after hours and removed a large fish from its habitat. The 55-inch tarpon, taken from a lagoon at the Florida Keys Aquarium Encounters in Marathon, was found dead shortly after being returned to the water.
Authorities identified the suspects as 25-year-old Derrick Lee Vivian and 20-year-old Christopher Jeffrey Smith. Both men now face charges of burglary and illegally extracting a tarpon exceeding 40 inches from its environment.
The Monroe County Sheriff’s Office (MCSO) conducted an investigation, revealing surveillance footage of the duo entering the facility at approximately 2:50 a.m. on May 25. The footage shows the men fishing in the private lagoon, capturing the sizable fish, and taking photos with their catch for about five minutes.
While the men released the tarpon back into the lagoon, the aquarium’s staff later discovered the fish had died. This incident raises concerns about wildlife protection and the repercussions of unauthorized access to private property.
The fish, which measured longer than 4ft, was apparently thrown back into the lagoon, but employees later found it dead.
State law requires that any tarpon more than 40in must remain in the water, with the only exception being a state or world record, using a tarpon tag purchased before fishing, according to the Florida Fish and Wildlife Conservation Commission (FWC).
‘Keep tarpon, especially the gills, in as much water as is safely possible,’ it says.
Smith was booked into jail on Wednesday, officials said. Vivian was arrested on November 8.
The suspects were seen entering Florida Keys Aquarium Encounters in Marathon at around 2.50am on May 25 last year, surveillance footage suggests
Derrick Lee Vivian, 25, (left) and Christopher Jeffrey Smith, 20, were charged with burglary and removing a tarpon greater than 40in in length from the water, according to the Monroe County Sheriff’s Office
First-time offenders charged with the misdemeanor can face up to 60 days in jail and a $500 fine.Â
In 2024, Smith was ordered to serve a mandatory notice-to-appear citation for possessing an out-of-season, undersized snook, according to the MCSO.
At the time, officials said they stopped a Nissan sedan in Marathon for suspected illegal window tint.
‘There was an odor of marijuana emanating from the vehicle, in which Smith was a passenger,’ the MCSO said.
During a search of the vehicle, an undersized snook was found in a bucket.
Snook are a popular sport fish in Florida and have been regulated since the mid-1950s, according to the FWC.
The closed season for catching them in Marathon is from December 1 to the end of February and from May 1 to September 30.
Even during the open season, only one snook is allowed per person per day.
The men are accused of removing a 55in tarpon from the water, which is illegal in the state of Florida (file image)
Unlike the smaller sport fish caught on Smith that day in 2024, tarpon are considered an icon of Florida saltwater fishing.
Stress from fighting while being reeled in can reduce its chance of survival.
Additionally, sharks are known to prey upon tarpon as they are being caught.
In this scenario, the FWC suggests quickly bringing the fish to the boat and cutting the line as close to the hook as possible.