Two Florida Men Charged for Midnight Aquarium Break-In, Killing Protected Tarpon

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Two Florida men, Derrick Lee Vivian and Christopher Jeffrey Smith, have been charged with burglary and illegally removing a protected tarpon from the water after a late-night break-in at the Florida Keys Aquarium Encounters in Marathon. Security cameras recorded the men casting lines into the aquarium's private lagoon and hooking a 55-inch tarpon, which they then kept out of the water for around five minutes to take photos, ultimately killing the fish.

Why it matters

Tarpon are a protected game fish in Florida, and regulations prohibit lifting larger ones out of the water due to the risk of crushing their internal organs. The incident raises concerns about the illegal poaching of protected marine life and the need for stronger security measures at aquariums and other wildlife facilities.

The details

According to investigators, the break-in occurred around 2:50 a.m. on May 25, 2025. Security footage shows the two suspects, Derrick Lee Vivian and Christopher Jeffrey Smith, entering the aquarium property and casting lines into the private lagoon. They were able to hook a massive 55-inch tarpon, which they then kept out of the water for approximately five minutes to take photographs. By the time the men tossed the fish back into the lagoon, it was too late, and the tarpon was found dead by aquarium staff later that morning.

• The incident occurred around 2:50 a.m. on May 25, 2025.
• Vivian was taken into custody on November 8, 2026.
• Smith was booked into jail on November 9, 2026.

What’s next

The judge will decide on Tuesday whether to allow Vivian and Smith to be released on bail.