Two Florida fishermen thought breaking into an aquarium for a photo op would be harmless fun.
They couldn't have been more wrong about what they had just done.
And a Florida judge forced these two fishermen to face the music after their midnight photo op killed this protected fish.
Marathon aquarium burglary ends with dead tarpon
Derrick Lee Vivian, 25, from Fort Myers and Christopher Jeffrey Smith, 20, from Marathon broke into Florida Keys Aquarium Encounters around 2:50 a.m. on May 25, 2025.
Security cameras caught the two sneaking onto the property through the mangroves of a neighboring business.
The Monroe County Sheriff's Office said they made their way to the aquarium's private lagoon with fishing gear.
They weren't there to steal cash or valuables.
These guys wanted to catch something big.
Vivian and Smith cast their lines into the enclosed basin and hooked a 55-inch tarpon.
Instead of releasing it right back into the water, they kept the massive fish out for about five minutes while they posed for photos.
Tarpon are protected game fish in Florida and the law is crystal clear about what you can't do with them.
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Any tarpon over 40 inches long must stay in the water.
Removing them causes their internal organs to get crushed under their own weight and they die.
That's exactly what happened here.
The fish was valued at $7,100.
Two arrests follow months-long investigation
Monroe County detectives spent months tracking down the fishermen.
They studied the security footage frame by frame and eventually identified Vivian and Smith as the culprits.
Vivian was arrested first on November 8 on a warrant.
Smith got picked up on January 28, 2026.
Both men are facing burglary charges and illegally harvesting a tarpon.
Florida law treats tarpon as a catch-and-release only species unless you're going for a world record with a special $50 tag.
Even then, lifting a tarpon over 40 inches out of the water is illegal.
These two weren't fishing for records.
They were trespassing and showing off.
The arrest report makes it clear that keeping the fish out of the water for several minutes while they took pictures killed it.
Breaking into private property in the middle of the night is burglary under Florida law no matter what they were after.
The fact they were after a fish instead of electronics doesn't make it any less of a crime.
Florida doesn't mess around with tarpon violations
Tarpon are a massive draw for Florida's sport fishing tourism and the state hammers anyone who breaks the rules.
Tarpon can grow up to eight feet long and weigh 300 pounds.
They're called the "Silver King" because of their spectacular acrobatic jumps when hooked.
The state makes it illegal to spear them, snag them, or use multiple hooks to catch them.
You can't keep them for food either because they taste terrible and are full of bones.
The Florida Fish and Wildlife Conservation Commission hammers anyone who breaks these rules with big fines and potential jail time.
First-time fishing violations can hit you with fines up to $500 and a second-degree misdemeanor charge.
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But the burglary charge is what really puts these two in hot water because that's a felony.
Breaking into a business to commit another crime is not something judges take lightly.
Florida's coastal communities depend on tourism dollars from fishermen who come from around the world to catch tarpon legally.
When idiots like these two kill a protected fish for Instagram photos, it undermines the conservation efforts that keep the fishery healthy.
The Monroe County Sheriff's Office made it clear they wanted to send a message with these arrests.
You can't just break into an aquarium, kill a protected species, and walk away.
Sources:
- Adam Linhardt, Monroe County Sheriff's Office spokesperson, statement regarding arrests, January 28, 2026.
- David Goodhue, "Fishing in unusual spot and what they caught put 2 anglers in hot water: cops," Miami Herald, January 28, 2026.
- "FAQs: Recreational Tarpon and Boca Grande Tarpon Gear," Florida Fish and Wildlife Conservation Commission, MyFWC.com.
- "Duo accused of burglarizing Marathon aquarium, killing tarpon," Local 10 News, January 28, 2026.
