Try as you may to bury it, I was citing the reason for the closed season ("R-months") from the horse(s) mouths and you're claiming that your precious v.v bacteria brought it about.
I ask the question again....if too warm water is the cause, why aren't we all dead from eating them right now.
The v.v bacteria needs a lot more than heat. It needs a source...and the known sources are land-based.
Galveston Bay is still in recovery from the horrendous pollution of years gone by. The last time (and it will remain the last time) I ate an oyster from there was in the 60's at my mother-in-law's house in Conroe and that's all we could get at that time. I'd rather do without than eat another oyster from there, so I see where you're coming from.
I still state that the reason for the old ban was lack of refrigeration coupled with the fact that the oyster harvesters didn't even bother with them during times that they knew they would end up with a dead, unsellable catch at the end of the day.
We are in our second "R" month right now and the water temperature has just started to come down (84 degrees from the high of 87) and it has been 30-some days and the oysters are just fine, so what does that say about the "R-month" warm water connection?
Pick up a bag of oysters today and let them sit without refrigeration for a few hours and you end up with "garbage on the half-shell". Same as it was in the days before refrigeration.
The argument not only stands up, it is very easy to replicate, even today. How difficult is that to understand?