Is a Harbor Police officer a "peace officer" under section 830.33(b) of the California Penal Code?

Section 830.33(b) is not a model of legislative drafting. What one Court of Appeal once said of a parallel provision concerning firefighters is equally true here: "There are many problems with this statute. First and foremost is that it purports to define a peace officer but uses the term peace officer in the definition. Second, ... the various clauses can be construed to relate to different antecedents." ( Gauthier v. City of Red Bluff (1995) 34 Cal.App.4th 1441, 1445, 41 Cal.Rptr.2d 35 ( Gauthier ) [discussing Pen. Code 830.37 ].) I agree with the majority, however, that the better reading of section 830.33(b) is that a harbor police officer is a peace officer under that section only if the officer's "primary duty" is law enforcement. An officer with no law enforcement-related duties does not move in and out of "peace officer" status for purposes of section 830.33(b) with the concomitant statewide authority to perform the "primary duty" and to make arrests for public offensesdepending on whether the officer is performing "necessary" duties such as lifeguarding or operating rescue boats. (Maj. opn., ante , 221 Cal.Rptr.3d at p. 456457, 400 P.3d at p. 2122.)