Fishing vessels must be registered as such(fishing vessels) and they must be actively engaged in the act of fishing for them to have the benefit of the right of way rules for fishing vessels. They are usually trawlers pulling the large nets in the Ocean or here in the Lake Erie setting their trap nets for perch all are commercial vessels.

Charter boats are not considered a fishing vessel under the rules as written, they are considered a vessel for hire for transporting paying passengers. You must have at minimum a 6 pack licence to carry passengers(6 or less) for hire whether or not you are fishing, simply taking them to Islands as a taxi service or for a sight seeing tour.