The oil isn't being pumped yet since the pipes are just being swabbed.  They can't declare a flow rate because they don't have one.  Once they have one then they will announce BPD.  IMO they can announce BPD without permission from the GOB.  That announcement doesn't ensure that the GOB will declare "commercial oil find" right away but they probably wouldn't deny the BPD either.  I think announcing BPD on SJ no. 1&2 versus announcing "commercial oil find" are two separate events.