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Full Breakdown

Arrests Made in Tarpon Death at Florida Keys Aquarium

1/29/2026, 11:59:50 PM

Incident Overview

On May 25, 2025, two men broke into the Florida Keys Aquarium Encounters and unlawfully fished in its private lagoon, resulting in the death of a 55-inch tarpon. Security camera footage captured Derrick Lee Vivian, 25, of Fort Myers, and Christopher Jeffrey Smith, 20, of Marathon, entering the facility shortly before 3 a.m. The video showed them catching the tarpon and holding it out of the water for approximately five minutes to take photographs before returning it to the lagoon. Aquarium staff discovered the fish dead the following morning.

Charges and Legal Proceedings

Both men face charges of burglary and illegally removing a tarpon greater than 40 inches from the water. The latter charge is a misdemeanor that can result in up to 60 days in jail and a $500 fine for a first-time offense. Vivian was arrested on November 5, 2025, while Smith was taken into custody on November 8, 2025. Bond for both individuals is set at $27,000.

Environmental Impact and Legal Protections

Tarpon are considered a protected species in Florida, primarily valued for catch-and-release sport fishing due to their tough, bony meat. The Florida Fish and Wildlife Conservation Commission prohibits the removal of tarpon from the water unless they are less than 40 inches in length, except when pursuing state or world records. The tarpon involved in this incident was valued at approximately $7,100. Over the past 50 years, tarpon populations have significantly declined, prompting conservation efforts.

Official Statements & Responses

The Monroe County Sheriff’s Office confirmed the details of the incident and the subsequent arrests. They noted that no sobriety tests were conducted on the suspects at the time of the break-in, as they were identified and arrested later. Aaron Adams, director of science and conservation at the Bonefish & Tarpon Trust, highlighted the concerning decline in tarpon populations, linking it to increased fishing activity and recovering predator populations.

Criticism & Opposition

Environmental advocates have expressed concern over the incident, emphasizing the need for stricter enforcement of fishing regulations to protect vulnerable species like the tarpon. Critics argue that the actions of Vivian and Smith reflect a broader issue of disregard for wildlife conservation laws.

Conflicting Reports & Gaps

While both sources agree on the core details of the incident, discrepancies exist regarding the timeline of arrests and specific charges. Some reports indicate different dates for the arrests of Vivian and Smith, and there is no information on whether either suspect has legal representation or plans to contest the charges.

Verbatim Quotes

“Unless going for a state or world record, Florida law prohibits the removal from the water of a tarpon less than 40 inches in length.” — Florida Fish and Wildlife Conservation Commission

“Derrick Lee Vivian (left) and Christopher Jeffrey Smith (right), face burglary and illegal fishing charges after being caught on video fishing in a private lagoon at Florida Keys Aquarium Encounters ( Monroe County Sheriff's Office ) Both men have been charged with burglary and illegally removing a tarpon greater than 40 inches from the water.” — Monroe County Sheriff’s Office