MARICULTURE TECHNOLOGIES INTERNATIONAL, INC., Plaintiff-Appellant, v. FARM SERVICE AGENCY, Secretary of the U.S. Department of Agriculture, Defendants-Appellees, 491 F. App'x 940

PER CURIAM: In administrative proceedings before the U.S. Department of Agriculture (“USDA”), the National Appeals Division (of the USDA) determined that Mariculture Technologies International, Inc., must refund the federal crop disaster assistance payment it had received, $27,492, for business losses due to hurricanes that struck Florida in 1994. The refund was ordered because Mariculture failed to comply with the requirement that it purchase Non-insured Crop Disaster Assistance Program (“NAP”) coverage for two years.

Maricul-ture brought this action in the District Court as an appeal of that administrative decision. In an order entered on June 9, 2011, the District Court, on the basis of the administrative record, granted the Secretary of the USDA (and the Farm Service Agency) judgment. The court concluded that the refund decision was supported by substantial evidence and was not arbitrary, capricious or an abuse of discretion. Maricul-ture appeals the District Court’s judgment, arguing that the District Court’s findings (in support of its judgment) are “clearly erroneous.” Appellant’s Br. at 20, 27-29.

We find no merit in Mariculture’s appeal, for the reasons stated in the District Court’s June 9, 2011 order, and therefore affirm. AFFIRMED.