But I'm referring to the last 2-3" of busbar between the last breaker stabs and the feed through lugs. When you have a load on the subfeed panel that last little short piece of the bus will carry current potentially from both sources.
And that's why 705.12(D)(2)(1)(b) requires a load side OCPD to protection that portion of the feeder.
I'll grant there's two points that are open to interpretation.
One point is whether the the location of the OCPD matters because of what article 240 says. My argument would be that this is a Chapter 7 'Special Condition', and 705 is not specific about the location. An alternative interpretation is to call the feed through conductors a tap and make sure they are sized according to 240.21(B), which they surely are.
A second point is whether the last breaker stab is not the 'opposite end' because the feed through lugs are on the other side of it. That seems to be what you're arguing. I admit I don't really have a counter argument except to say that I think 705.12(D)(2)(1)(b) speaks to the situation better than 705.12(D)(2)(3)(b).
In any case, I don't see anything unsafe about the situation, otherwise I would have a different interpretation.
Don't get me wrong, I had a project with feed through lugs where I moved the PV location to the opposite end of the second panel to avoid having to discuss these issues with the AHJ. Of course we're also on 2011 code here and I didn't have that main breaker in the sub.