In a distressing incident at the Florida Keys Aquarium Encounters in Marathon, a large fish met an untimely demise after being illicitly removed from its lagoon habitat by two intruders. The episode unfolded late at night when the aquarium was closed to the public.

The individuals involved, Derrick Lee Vivian, 25, and Christopher Jeffrey Smith, 20, are facing charges of burglary and illegally removing a tarpon exceeding 40 inches from the water. This incident, which took place in the early hours of May 25, was captured on surveillance cameras, as reported by the Monroe County Sheriff’s Office.

According to the investigation, the duo entered the premises around 2:50 a.m. and proceeded to fish in a restricted lagoon area. After catching the tarpon, they reportedly spent five minutes posing for photographs with their catch before returning it to the water.

Unfortunately, despite being returned to its aquatic home, the tarpon, which was over 4 feet long, did not survive, and employees discovered it dead shortly afterward.

It is important to note that Florida law mandates that tarpons over 40 inches must remain in the water unless they are being documented as a state or world record. In such cases, a special tarpon tag, obtained prior to fishing, is required. This regulation is enforced by the Florida Fish and Wildlife Conservation Commission to protect the species and ensure sustainable fishing practices.

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. 

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.