Florida Aquarium Burglary Leads to Tarpon Death and Criminal Charges
Two men have been charged with burglary and wildlife violations after authorities say they illegally removed a large tarpon fish from a Florida aquarium lagoon, resulting in the animal's death. The incident occurred at the Florida Keys Aquarium Encounters in Marathon during the early hours of May 25, 2025.
Surveillance Footage Captures Late-Night Intrusion
An investigation by the Monroe County Sheriff's Office revealed surveillance footage showing the suspects entering the aquarium premises at approximately 2:50 AM, hours after the facility had closed to the public. The individuals identified as Derrick Lee Vivian, aged 25, and Christopher Jeffrey Smith, aged 20, allegedly accessed a private lagoon containing the tarpon.
Illegal Removal and Photographic Evidence
The men reportedly extracted the tarpon, which measured approximately 55 inches in length—well over the 40-inch legal limit for removal from water under Florida state law. After wrangling the fish, the pair spent around five minutes outside the water taking photographs with their catch before returning it to the lagoon. Unfortunately, aquarium employees later discovered the tarpon had died.
Florida Fish and Wildlife Conservation Commission guidelines explicitly state that tarpon exceeding 40 inches must remain in the water, with exceptions only granted for state or world record catches using official tarpon tags. The commission emphasises that anglers should "keep tarpon, especially the gills, in as much water as is safely possible" to ensure survival.
Arrests and Previous Wildlife Offences
Derrick Lee Vivian was arrested on November 8, 2025, while Christopher Jeffrey Smith was taken into custody shortly afterwards. Both face charges of burglary and illegally removing a tarpon greater than 40 inches from the water.
This incident represents Smith's second encounter with wildlife authorities. In 2024, he received a mandatory notice to appear in court for possessing an out-of-season and undersized snook—another regulated sport fish in Florida. During that incident, officials stopped a vehicle in Marathon for suspected illegal window tint and detected marijuana odor, leading to the discovery of the undersized snook in a bucket.
Legal Consequences and Conservation Context
First-time offenders charged with these misdemeanour offences can face penalties of up to 60 days in jail and a $500 fine. The tarpon, described by wildlife officials as an icon of Florida's saltwater environments, faces particular vulnerability when removed from water.
Stress from being caught and handled significantly decreases survival chances for these powerful fish. Additionally, tarpon face predation risks from sharks during capture, prompting conservation recommendations to quickly bring fish to boats and cut lines near hooks when sharks are present.
Snook regulations, relevant to Smith's previous offence, have been in place since the mid-1950s. The closed season for catching snook in the Marathon area runs from December 1 to February 28 and from May 1 to September 30, with only one fish allowed per person daily during open seasons.
