TACOMA — Five Makah men charged after killing a whale in September split ranks Thursday, with three pleading guilty to a federal offense and two choosing to go to trial April 8.

Accepting the government’s offer of no jail time for their guilty pleas were Frankie Gonzales, Theron Parker and William Secor Sr., all of Neah Bay.

Each of the three pleaded guilty to one count of violating the federal Marine Mammal Protection Act, and each received five years probation.

Entrusting their fate to a jury are Wayne Johnson and Andy Noel, also of Neah Bay.

The two will be tried on charges of two violations each of the Marine Mammal Protection Act — one of conspiracy to violate the act and the other of actual doing it — each of which carries a maximum one-year jail sentence and $100,000 fine.

The five men had been charged in Makah Tribal Court with breaking the Makah whaling regulations, violating state and federal law, and reckless endangerment.

No word was available on Thursday how the federal action would affect the tribal court plans.