TACOMA — Two Makah men convicted of two misdemeanor violations of the Marine Mammal Protection Act have appealed their verdicts in U.S. District Court.

Andy Noel and Wayne Johnson, both of Neah Bay, were sentenced to federal prison for their parts in the killing of a gray whale in the Strait of Juan de Fuca on Sept. 8.

Three other Makah men — Frankie Gonzales, Theron Parker and William Secor — pleaded guilty to one misdemeanor count each of violating the marine mammal act had one charge against them dropped and were placed on two years’ probation.

Jack Fiander, a Yakima attorney who represented Noel, has dropped out of the proceedings because of the expense of trips to Tacoma.

Fiander said Noel will be represented on appeal by the Federal Public Defender’s office in Tacoma, which defended Johnson.

He said both men remained in the federal detention facility at Seatac in lieu of bail.

Noel, 29, was sentenced to 90 days, while Johnson, 55, was sentenced to serve five months.

Both sentences by U.S. Magistrate Judge J. Kelley Arnold exceeded the 60-day prison terms Assistant U.S. Attorney James Oesterle had recommended.

All five men were sentenced June 30.

Noel and Johnson filed their notice of appeal two days later.