I've had fish hooked on the near side while bar fishing, fly fishing, spooning, bb, even flossed. Lets say, for a gear fisher, you're not trying to get the fish to bite the HOOK, but the lure/spinner/spoon what have you. So if a fish goes to bite the top end of the lure, and you set the hook incidentally hooking outside the jaw, the fish is now snagged? Perhaps it is "foul" hooked, in the means that it hasn't been hooked where you intended to hook the fish, which in the case of gear, inside the mouth. But since your intention was not to hook it on the chin, I can't call you a snagger.
For those who feel that flossing is getting the fish to bite, please compare the ratio between hooks embedded outside the mouth far side, inside, and near side. For the most part, a fish hooked outside the far side during the "swing" part of the drift, usually indicates that the fish weren't going for your offering.
I respect both sides of this argument, but I feel that in the end it does end up in the hands of the authorities to enforce what they feel are the regulations in simple black and white. The fact that the english language allows for such varied interpretations gives room for users to use the rules in the manner that suits them best. If the regulations specifically read "do not floss", I'm sure the population will adhere to those wishes. If they do not, then they are truly snaggers.