Three of five men who participated in a rogue whale hunt last year pleaded guilty in U.S. District Court on Thursday to one count of violating the Marine Mammal Protection Act.

In return, prosecutors said they would recommend probation, rather than a jail term.

Frankie Gonzales, Theron Parker and William Secor Sr. pleaded guilty to the misdemeanor after federal prosecutors said they would defer to the Makah Tribe on the issue of whether the men could participate in future whale hunts.

They are scheduled to be sentenced June 6 in U.S. District Court in Tacoma.

The two remaining defendants, Wayne Johnson and Andrew Noel, refused to take the plea deal.

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