TACOMA, Wash. (AP) - Five Makah Indian whalers who killed a gray whale in an illegal hunt last September were sentenced Monday in federal court. The sentences include jail time for two men considered the leaders of the group.

Wayne Johnson received five months in jail, and Andy Noel was sentenced to three months in jail. Both men also will be supervised for a year after their release, according to the U.S. attorney's office.

The other three men - Frankie Gonzales, Theron Parker and William Secor - received two years of probation and between 100 and 150 hours of community service.

U.S. Magistrate Judge Kelley Arnold determined that Johnson and Noel led the effort. Both men received longer sentences than the 60 days prosecutors had recommended.

The Makah, who have been whalers for centuries, have sought to resume their hunts as part of their cultural heritage. Tribal members legally killed a whale in 1999. But since then their treaty rights to hunt whales have been tangled in the courts.

Arnold said the illegal hunt had hurt the tribe's efforts to obtain a legal hunting permit and pointed at Johnson in particular.

"I don't believe there is one ounce of remorse on Mr. Johnson's part and I believe he will do this again unless deterred by this court," Arnold said Monday.

As part of the sentencing, Arnold also said all five men have lost their privilege to hunt whales during their supervision period, even if the tribe obtains a federal permit for a legal whale hunt.

Lawyer Jack Fiander, representing Noel, said, "It's not clear that the court can restrain them" from hunting because it's an issue of a federal treaty.

The sentence "was harsher than expected," he added.

In another development, The Peninsula Daily News of Port Angeles has reported that a court document filed prior to sentencing by Parker alleges that at least some Makah tribal leaders had knowledge of the hunt before it happened.

At Monday's sentencing, Arnold indicated he did not believe the five undertook the hunt with the implied permission of tribal council members.

"I don't believe it, and if they did it's no excuse," he said.

The five men harpooned the whale four times and shot it at least 16 times last Sept. 8. The animal died nine hours after the attack.

The men did not have a federal permit to kill the whale, which eventually sank and was not harvested. After the hunt, the Makah Tribal Council called it "a blatant violation of our law."

The killing was a public relations disaster for the tribe, which had been working with federal authorities to obtain a permit for a legal hunt, and Makah officials rushed to Washington, D.C., shortly after the hunt to assure the government they did not approve.

In one of five statements filed with the court in support of Parker's bid for a more lenient sentence, a witness said then-Tribal Chairman Ben Johnson Jr. told council members, "I think it's time to go fishing."

"He was referring to getting a whale," wrote Luke Warkishtum of Port Angeles, who said he heard the comment almost two months before the hunt. "The whole tribal council nodded in agreement."

Another witness, Paul Parker of Neah Bay, was quoted in the court document as writing about what he said was an exchange between Theron Parker and Ben Johnson: "Theron asked Chairman Johnson, 'What if I went out and got a whale?' The chairman's response was 'Go ahead, get one.'

"Theron asked if he would have the Makah Tribal Council's support.

"Ben (Johnson) said they would support the whale hunt if Theron decided to go out for a whale."

The tribe's current chairman, Micah McCarty, told the newspaper, "I'm not aware of this."

Associated Press calls for comment Monday to Ben Johnson, the tribal council, and the tribe's Seattle lawyer John Arum, were not immediately returned.

In April, Arnold convicted Johnson and Noel of conspiracy to violate the Marine Mammal Protection Act and unlawfully taking a marine mammal, both misdemeanors.

A month earlier, Theron Parker, Secor and Gonzales accepted a federal plea deal, admitting that they violated the Marine Mammal Protection Act, also a misdemeanor, after prosecutors agreed they would not recommend jail time.

In May, a Makah tribal judge deferred prosecution for the five men.

The federal government removed the gray whale from the endangered species list in 1994.